HomeMy WebLinkAbout07/13/2023 - Regular Minutes - City CouncilCCM 071323 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
JULY 13, 2023
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
John Nichols, Mayor - absent
Council:
Mark Smith
William Wright
Linda Harvell
Elizabeth Cunha
Bob Yancy
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Adam Falco, City Attorney
Leslie Whitten, Deputy City Attorney
Tanya Smith, City Secretary
Ian Whittenton, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present.
With a quorum present, the meeting of the College Station City Council was called to order by Mayor
Pro Tem Maloney via In-Person and Teleconference at 4:00 p.m. on July 13, 2023, in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session Agenda.
In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-
Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on July 13,
2023, to continue discussing matters pertaining to:
2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to
wit:
Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College
Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas;
and
McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No.
17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and
Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV-
85, in the 85th District Court, Brazos County, Texas; and
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SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of
College Station to Change Rates for Wholesale Transmission Services; and
2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer; to wit:
City Manager
Council Self-Evaluation
3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City
Council will take action, if any.
Executive Session recessed at 6:00 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith,
the City Council voted six (6) for and none (0) opposed, to accept Mayor Nichols’ absence request for
July 11, 2023 and July 13, 2023. The motion carried unanimously.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1. Presentation recognizing Ann Hays for her service to the Parks and Recreation Board, the
Historic Preservation Committee, and the Senior Advisory Committee.
Mayor Pro Tem Maloney presented a Certificate of Recognition to Ann Hays for her service to the
community, the Parks and Recreation Board, the Historic Preservation Committee, and the Senior
Advisory Committee.
5.2. Proclamation recognizing the creation of the College Station Parks Foundation.
Mayor Pro Tem Maloney presented a proclamation to David White for the College Station Parks
Foundation, which was formed as a private non-profit corporation intended to support the
enhancement of parks and recreation in the City of College Station.
6. Hear Visitors Comments.
Nick Sutton, College Station Professional Firefighters Association, came before Council to speak on
his concerns related to firefighter retention and the compensation. He belivies many firefighters are
leaving College Station because of the low compensation they receive when other entities offer higher
pay, more preferred schedules, and better benefits.
John Halsell, Bryan, came before Council to state his concerns with College Station and the Rosemary
residences relationship. Mr. Halsell explained that College Station has built a relationship with
Southside but cannot do the same with Rosemary because of the issues related to a proposed sewer
upgrade.
Charles Coats, College Station, came before Council representing Habit for Humanity and updated
Council on some upcoming events. Mr. Coats also discussed his ideas about Middle Housing as it
relates to low-income households.
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Jes Linne, Bryan, came before Council to discuss his concerns on the College Station Trunkline,
“Rosemary Drive vs Chimney Hill Lift Station. He cited the following:
Gravity Fed SS lines are the most complex boring projects
Optimum 300’-400’ between bore pits so Rosemary Drive would be 18 bore pits not 8
In his “apples to apples” comparison Rosemary is a more expensive option
7. CONSENT ITEMS
Presentation, discussion, and possible action on consent items which consist of ministerial, or
"housekeeping" items as allowed by law : A Councilmember may request additional information
at this time. Any Councilmember may remove an item from the Consent Agenda for a separate
vote.
Items 7.3, 7.4, 7.5, 7.7 and 7.10 was pulled from Consent for clarification.
(7.3) Jennifer Cain, Capital Projects Director, explained that the changes that are in the change order.
(7.4) Randall Lewis, Electric Assistant Director, explained that this contract is for three (3) years for
labor and equipment necessary to provide electric right-of-way tree trimming of overhead power lines
and the clearing of easements and rights-of-way for construction of new power lines. The RFP
requested firm pricing for three years, with each year specifying areas of the electric system to be
trimmed. Standard Electric utility practices have recommended a three (3) year system trimming cycle.
The evaluations consider previous work and the safety records of respondents to the RFP.
(7.5) Bryan Woods, City Manager, explained that this item is an amendment to the lease agreement
with the International Leadership of Texas School to renew the current lease for an additional two -
year term as the organization works toward a new facility to serve as a permanent home for their high
school. The initial three-year agreement in the amount of approximately $1,015,580 was executed in
May 2020 to coincide with the construction of the new Police Department building and the resulting
vacancy of 2611 Texas Avenue. The agreement met ILT's interest in short-term space and has been
mutually beneficial to both parties in fulfilling public and educational purposes. The city will continue
to utilize the rent proceeds for public purposes while also retaining flexibility for the premises into the
future.
(7.7) Councilmember Cunha made a comment on the tree protection in the contract and stressed
advertising the public meetings for the citizens.
(7.10) Bryan Woods, City Manager, explained that rather than maintain this agreement through the
duration of the remaining two years of compliance, both entities find it desirable to mutually terminate.
The company is considering additional options concerning ownership of the building.
7.1. Presentation, discussion, and possible action of minutes for:
June 22, 2023 Council Meeting
7.2. Presentation, discussion, and possible action on a professional services contract with
Mitchell & Morgan, LLP, not to exceed $852,307.15 for the Highway 6 Widening Utility
Relocates Project.
7.3. Presentation, discussion, and possible action on Change Order No. 8 in the amount of
$119,873 for the Lick Creek Wastewater Treatment Plant Capacity Expansion construction
contract with CSA Construction, Inc.
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7.4. Presentation, discussion, and possible action on a three-year contract for Electric Right-of-
Way Tree Trimming Services to Pannell Contracting, LLC, dba Pannell Co., not to exceed
$3,390,180.
7.5. Presentation, discussion, and possible action regarding an amendment to the lease of 3.1
acres including an approximately 28,949 square foot building at 2611 Texas Avenue South to
International American Education Federation, Inc., d/b/a International Leadership of Texas,
for two additional 1-year renewals for a total contract amount of approximately $1,771,952.
7.6. Presentation, discussion, and possible action on bid awards to KBS Electrical Distributors
for substation gas circuit breakers, not to exceed $314,540 and to Texas Electric Cooperative for
outdoor vacuum circuit breakers, not to exceed $357,561 for Electric inventory.
7.7. Presentation, discussion, and possible action on a professional services contract with
Kimley-Horn and Associates, Inc., not to exceed $857,400; plus, the City’s contingency amount
of $30,000; for a total appropriation of $887,400 for the College Heights Utility Rehabilitation
Project. Approval of this item grants authority for the City Manager to authorize expenditures
up to the City’s contingency amount.
7.8. Presentation, discussion, and possible action on a construction contract with A1 Pump, Inc.
in the amount of $199,554.42; for construction services for the Carters Creek Wastewater
Treatment Plant Fuel Island Project, plus the City’s contingency in the amount of $21,450.00
for a total appropriation of $221,004.42. Approval of this item grants authority for the City
Manager to authorize expenditures up to the City's contingency amount.
7.9. Presentation, discussion, and possible action on a construction contract with Brazos Paving,
Inc. in the amount of $887,186.20; plus, the City’s contingency in the amount of $88,720 for a
total appropriation of $975,906.20 for drainage improvements at University Oaks Boulevard
and Stallings Drive. Approval of this item grants authority for the City Manager to authorize
expenditures up to the City’s contingency amount.
7.10. Presentation, discussion, and possible action regarding the termination of an economic
development agreement between the City of College Station and Viasat, Inc.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith,
the City Council voted six (6) for and none (0) opposed, to approve the Consent Items excepted for
7.3, 7.4, 7.5, 7.7, and 7.10. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith,
the City Council voted six (6) for and none (0) opposed, to approve the Consent Items 7.3, 7.4, 7.5,
7.7, and 7.10. The motion carried unanimously.
8. WORKSHOP ITEMS
8.1. Presentation, discussion, and possible action regarding an update from College Station
Emergency Management.
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Tradd Mills, Emergency Management Coordinator, presented an update regarding the actions of
emergency management for the City of College Station as well as collaboration with partnering
agencies.
Community Emergency Operations Center
Multi-Jurisdictional Hazard Mitigation Action Plan Review and revision
Emergency Management Basic Plan Annex Updates
Extreme Weather/Hurricane prep and planning (Warming/Cooling/Education Outreach
through media and community events)
Trainings and Exercise: Multi Agency/City Tabletop Training (Train derailment), ICS
300/400, G402 (Elected Officials), L0388 (Advanced PIO), storm spotter/Skywarn community
training
SB 968 STEAR program requirements
Ongoing community partner meetings: VOAD, ARC, BCHD, HSAC (plan updates and
grants), LEPC
REGULAR ITEMS
9.1. Presentation, discussion, and possible action regarding Resolution No. 07-13-23-9.1
supporting the planning, design, and development of enclosed tennis courts by the College
Station Parks Foundation.
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David White, Texas Parks Foundation, stated that the College Station Parks Foundation was formed
earlier this year as a private, tax exempt 501 (c) 3 non-profit corporation, who’s mission includes
enhancing recreational opportunities and improving recreational facilities in the City of College
Station Park system. The Foundation proposed fundraising for the planning, design, and construction
of an enclosed tennis facility at Bee Creek Park, which the foundation fundraises in the community to
support their mission. This item is a resolution supporting the College Station Parks Foundation
creation and the development of an enclosed tennis facility.
At approximately 7:11 p.m., Mayor ProTem Maloney opened for Citizen Comments.
Dave Stelly, College Station, explained the importance of cover tennis courts for comfort and the how
it helps with tracking the ball during play.
There being no further comments, the Citizen Comments was closed at 7:12 p.m.
MOTION: Upon a motion made by Councilmember Wright, and a second by Mayor Pro Tem
Maloney, the City Council voted six (6) for and none (0) opposed, to approve Resolution No. 07-13-
23-9.1, a supporting the planning, design, and development of enclosed tennis courts by the College
Station Parks Foundation. The motion carried unanimously.
9.2. Public Hearing, presentation, discussion, and possible action regarding an update of
Community Development activities, current programs, accomplishments, and future
opportunities, and an overview of the proposed Program Year 2024 Annual Action Plan and
Fiscal Year 2024 Community Development budget.
David Brower, Community Development Analyst, presented an update regarding Community
Development activities, current programs, accomplishments, and future opportunities. The
presentation also included the proposed Program Year (PY) 2023 Annual Action Plan and Fiscal Year
(FY) 2024 Community Development Budget, which Raney Whitwell will be presenting. Historically,
the City has utilized these funds for a variety of programs and activities, including affordable housing
assistance programs (homebuyer assistance, security deposit assistance, rehabilitation, a nd minor
repair); funding for direct services to low-income families through non-profit programs; demolition;
economic development; infrastructure improvements to parks, facilities, and streets; and grant
administration.
Community Development
Community Development strives to benefit low- and moderate-income residents by:
Encouraging and expanding accessibly of human services
Expanding and improving public facilities
Expanding economic opportunities
Providing an adequate supply of safe and affordable housing
Rehabilitating rental and owner-occupied residential property
Expanding homeownership opportunities
Housing
Down Payment Assistance Program
Owner Housing Construction
Minor Home Repair Program
Tenant Based Rental Assistance (TBRA) – Security Deposit Assistance
Rental Housing Rehabilitation / Construction
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CDBG Public Service Agency Funding
In past 5 years –
Partnered with 11 different agencies - $1.2 million
6,700 clients served
New CDBG Public Service Agency Funding Process
Pandemic Driven Initiatives
HOME Rent Assistance - $207,000 / 90 Households
Texas Emergency Rent Assistance Program - $150,000 / 23 Households
CDBG Economic Assistance Grant - $1,209,000 / 65 Businesses / 550 Jobs Saved
CDBG CARES Act Rent Assistance - $1,240,488 / 797 Households
GotEM Food Assistance - $403,708 / 430 Clients
Raney Whitwell, Community Development Analyst, explained that the City is required to submit a
one-year Annual Action Plan describing projects, activities, and budget to be funded with the
community development grants received. Annual Action Plan activities must correspond to the 5-Year
Consolidated Plan. The total grant funds available next year are $2,938,761 in Community
Development Block Grant (CDBG) funds and $1,045,450 in HOME Investment Partnership Grant
(HOME) funds. These amounts include carry-over funds from previous years, recaptured funds, and
new year allocation (PY23) amounts of $1,180,825 in CDBG and $527,205 in HOME funding. PY
2023 funding will be available on 10/1/2023. The PY 2023 Annual Action Plan, that includes the
FY23 Community Development budget, must be delivered to HUD no later than August 16, 2023.
Therefore, this information is a separate process from the Council’s consideration of the overall City
budget. CDBG funds may only be used to: (1) benefit low-and moderate-income persons; (2) aid in
the elimination of slum and blight influences; and/or (3) meet an urgent community need. Further,
CDBG funds may be used to meet local needs through a wide range of community development
activities, while HOME funds may only be used for affordable housing activities.
At approximately 7:58 p.m., Mayor Pro Tem Maloney opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 7:58 p.m.
MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to accept the update of Community
Development activities, current programs, accomplishments, and future opportunities, and an
overview of the proposed Program Year 2024 Annual Action Plan and Fiscal Year 2024 Community
Development budget. The motion carried unanimously.
9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4447 vacating and abandoning a 0.8236 acre, 60-foot-wide Right-of-Way, Sienna Drive,
generally located 550 feet southwest of the intersection of Marion Pugh Drive and Holleman
Drive West according to the plat recorded in Volume 583, Page 177 and the repla t recorded in
Volume 705, Page 619, of the Official Records of Brazos County, Texas.
Items 9.3 and 9.4 were presented together.
9.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4448 vacating and abandoning a 0.6922 acre, 25-foot wide Public Drainage Easement abutting
Sienna Drive Right-of-Way, said portion lying in Lot 1, Block 2, of the Woodway West Phase 1
Subdivision, according to the replat recorded in Volume 705, Page 619, of the Official Records
of Brazos County, Texas.
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Lucas Harper, Planning and Development, stated that the Right-of-Way (ROW) abandonment is being
requested by the applicant because of a desired change in the lot layout of this area. The public street
constructed in the ROW is a cul-de-sac internal to the lot and does not serve the transportation needs
of the public. A public utility easement will suffice for the needs of the City’s utility infrastructure
located in this area. Mr. Harper also presented that the public drainage easement (PDE) abandonment
is being requested due to an application for abandonment of the adjacent public right-of-way (ROW).
The drainage provided for by the easement is internal to the development and will not serve public
drainage needs upon abandonment of the associated right-of-way.
At approximately 8:09 p.m., Mayor Pro Tem Maloney opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:09 p.m.
(9.3) MOTION: Upon a motion made by Councilmember Yancy, and a second by Councilmember
Wright, the City Council voted four (4) for and two (2) opposed, with Mayor Pro Tem Maloney and
Councilmember Cunha voting against, to adopt Ordinance No. 2023-4447, vacating and abandoning
a 0.8236 acre, 60-foot-wide Right-of-Way, Sienna Drive, generally located 550 feet southwest of the
intersection of Marion Pugh Drive and Holleman Drive West according to the plat recorded in Volume
583, Page 177 and the replat recorded in Volume 705, Page 619, of the Official Records of Brazos
County, Texas. The motion carried.
(9.4) MOTION: Upon a motion made by Councilmember Yancy, and a second by Councilmember
Wright, the City Council voted four (4) for and two (2) opposed, with Mayor Pro Tem Maloney and
Councilmember Cunha voting against, to adopt Ordinance No. 2023-4448, vacating and abandoning
a 0.6922 acre, 25-foot wide Public Drainage Easement abutting Sienna Drive Right-of-Way, said
portion lying in Lot 1, Block 2, of the Woodway West Phase 1 Subdivision, according to the replat
recorded in Volume 705, Page 619, of the Official Records of Brazos County, Texas. The motion
carried.
9.5. Presentation, discussion, and possible action regarding Ordinance No. 2023-4449 amending
Chapter 38 “Traffic and Vehicles,” Article VI "Traffic Schedules," Section 38-1014 "Traffic
Schedule XIV, no parking here to corner and no parking any time" by removing parking on the
south side of Ponderosa Drive.
Emily Fisher, Public Works Director, stated that the a business owner concern was received by staff
regarding large commercial trucks and trailers parking along Ponderosa Drive, particularly near the
intersection with Longmire Drive. Staff investigated the concern and found several trucks and other
vehicles parked along both sides of the street. At times, trucks were near the stop sign at Longmire
Drive, decreasing visibility for vehicles on Ponderosa Drive. Concerns about the amount of time
trailers had been left in the same space were also raised and staff h ad noted trailers parked along
Ponderosa. A public meeting was held on May 1, 2023 to collect public input on parking removal
along Ponderosa Drive. Several businesses were in attendance as well as a truck driver that utilizes
the street for parking. Several concerns were raised, including sight distance at Longmire, the number
of crashes at the intersection with Longmire, and the amount of time trucks and trailers are parked.
Concerns raised by truck drivers include limited places to park trucks near resid ences. One business
does utilize a portion of the street for employee parking near the intersection with SH 6 frontage road.
Mrs. Fisher explained that this item was presented at the June 20, 2023 Council Transportation and
Mobility Committee Meeting. The options discussed were a city-wide ordinance prohibiting truck
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parking on public roads, prohibiting parking on the south side of Ponderosa from Longmire to SH 6
frontage road, prohibiting parking on the south side of Ponderosa from Longmire to the first driveway
(in front of Party Time Rentals), or prohibiting truck parking from 10 p.m. to 6 a.m. along all of
Ponderosa. The committee recommended presenting the two parking prohibitions on the south side of
Ponderosa to council for action. Staff is seeking approval of one of the two presented options.
In summary, the two options for the council to consider are:
Option 1 - Remove parking on the south side of Ponderosa from Longmire to SH 6 frontage road.
Option 2 - Remove parking on the south side of Ponderosa from Longmire to 280 feet east.
At approximately 8:25 p.m., Mayor Pro Tem Maloney opened for Citizen Comments.
Delores M. Crum, College Station, came before Council to state her support of the proposed parking
removal on one side, which would be the Premiere Events side of Ponderosa between Longmire Dr.
and Hwy 6 Frontage Road.
There being no further comments, the Citizen Comments was closed at 8:28 p.m.
Kevin Ryan, College Station, came before council to support removing parking on the Premiere
Events side of Ponderosa.
MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember
Harvell, the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting
against, to adopt Ordinance No. 2023-4449 Option 1 - amending Chapter 38 “Traffic and Vehicles,”
Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, no parking here to corner and
no parking any time" by removing parking on the south side of Ponderosa Drive from Longmire to
SH 6 frontage road. The motion carried.
AMENDED MOTION: Upon a motion made by Councilmember Yancy, and a second by
Councilmember Smith, the City Council voted three (3) for and three (3) opposed, with Mayor Pro
Tem Maloney and Councilmembers Harvell and Wright voting against, to adopt Ordinance No. 2023-
4449 Option 2 - amending Chapter 38 “Traffic and Vehicles,” Article VI "Traffic Schedules," Section
38-1014 "Traffic Schedule XIV, no parking here to corner and no parking any time" by removing
parking on the south side of Ponderosa Drive from Longmire to 280 feet east. The motion failed due
to a tie.
9.6. Presentation, discussion, and possible action regarding the 2022 Incentive Compliance
Report by the Brazos Valley Economic Development Corporation.
Chuck Martinez, Economic Development Corporation, stated that this item is the annual presentation
on project compliance from the Brazos Valley Economic Development Corporation. Mr. Martinez
turned the presentation over to Michael Camden, Director of Ryan, LLC, a Texas-based tax services
and consulting firm.
Overview & Executive Summary
For 2022, six (6) projects under agreement were monitored for performance compliance by the
Brazos Valley Economic Development Corporation on behalf of Brazos County, the City of
Bryan, and the City of College Station.
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2022 report highlights companies across multiple targeted industries with properties valued
over $522,674,606 and providing more than 1,171 quality jobs with local payrolls in excess of
$89,668,646.
MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember
Wright, the City Council voted six (6) for and none (0) opposed, to accept the 2022 Incentive
Compliance Report by the Brazos Valley Economic Development Co rporation. The motion carried
unanimously.
10. Council Calendar
Council reviewed the calendar.
11. Items of Community Interest: The Council may receive reports from a Council Member or
City Staff about items of community interest for which notice has not been given, including:
expressions of thanks, congratulations or condolence; information regarding holiday schedules;
honorary or salutary recognitions of a public official, public employee, or other citizen;
reminders of upcoming events organized or sponsored by the City of College Station;
information about a social, ceremonial or community event organized or sponsored by an entity
other than the City of College Station that is scheduled to be attended by a Council Member,
another city official or staff of the City of College Station; and announcements involving an
imminent threat to the public health and safety of people in the City of College Station that has
arisen after the posting of the agenda.
Councilmember Harvell reported on the Police Alumni Association conference.
12. Council Reports on Committees, Boards, and Commission: A Council Member may make a
report regarding meetings of City Council boards and commissions or meetings of boards and
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committees on which a Council Member serves as a representative that have met since the last
council meeting. (Committees listed in Coversheet)
Councilmember Smith reported on the BVSWMA.
13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda
Items: A Council Member may make a request to City Council to place an item for which no
notice has been given on a future agenda or may inquire about the status of an item on the
standing list of council generated future agenda items. A Council Member’s or City Staff’s
response to the request or inquiry will be limited to a statement of specific factual information
related to the request or inquiry or the recitation of existing policy in response to the request or
inquiry. Any deliberation of or decision about th e subject of a request will be limited to a
proposal to place the subject on the agenda for a subsequent meeting.
No future agenda items at this time.
14. Adjournment.
There being no further business, Mayor Pro Tem Maloney adjourned the meeting of the City Council
at 9:10 p.m. on Thursday, July 13, 2023.
________________________
John P. Nichols, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary