HomeMy WebLinkAbout10/10/2002 - Regular Minutes City Council ‘A- Mayor City Council
Ron Silvia John Happ
Mayor Pro Tempore Winnie Gamer
James 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, October 10, 2002 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council members
Happ, Maloney, Hazen, Mears, Garner
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, Fire
Chief Giordano, Fire Marshal Mies, Economic Development Director Foutz, Transportation
Planner Fogle, Water/Wastewater Division Manager Schepers, Building Official Simms, Public
Relations and Communications Manager Cole, Director of Public Works Smith, Assistant to the
City Manager Rapelye and Assistant City Secretary Casares
Mayor Silvia called the workshop session to order at 3:05 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 -- Joint Meeting with the Planning and Zoning Commission
for discussion and possible action regarding telecommunication facilities in the City of
College Station.
Planning and Zoning Commissioners present were: Rick Floyd, Wallis McMath, Carolyn
Williams and Ben White. Commissioners absent were Scott Shafer, Craig Hall and Phil Trapani.
Chairman Floyd opened the meeting.
Staff Planner Lee Battle presented a brief overview of the Wireless Telecommunication Tower
report. The report addressed the Telecommunications Act of 1996, current city ordinances and
trends. Mr. Battle described the following items:
• Stealth Designs
• Use of Public Facilities
• Submittal /application requirements
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• Master Plan
Staff recommended the following options to revise the City of College Station
Telecommunications Ordinance:
Option One
Maintain current level of regulations, making adjustments to improve application and review
process. Clarify definition and implementation of stealth elements of the ordinance. Modify and
clarify application requirements, acquire more information for decision - making and require
applicants to provide more detail on the proposed tower. Allow or encourage
telecommunications facilities to locate on appropriate city facilities, such as electric transmission
poles, flagpoles in parks and water towers. This would be contingent upon the criteria outlined
by the affected departments and would be considered on a case -by -case basis.
Option Two
Maintain current policy with additional standards for siting new towers. In addition to Option
One, increase separation requirements between towers and reduce zoning districts, which would
allow for more towers. Increasing standards will force service providers to seek alternatives,
such as collocations or stealth designs. All recommendations from Option One are also included.
Option Three
Option three would be a combination of Option One, Option Two and would provide a
regulation for the height of new towers to 100 feet. This policy would cause service providers to
construct additional shorter towers to get the same coverage. The current trend is for service
providers to construct shorter towers to fill the gaps between taller towers. Shorter towers are
less visually obtrusive and easier to design as stealth.
Council member Maloney recommended non - stealth towers with a Conditional Use Permit, a
strict definition of Stealth Towers, reduce the height of the towers to 100' or less, increase the
distance between the towers with the exception of stealth towers, encourage collocation,
encourage the use of tower leases on city property and have the Planning and Zoning
Commission determine where towers should not be allowed.
The Council and the Planning and Zoning Commission concurred with Council member
Maloney's recommendation.
Commissioner White made a motion to adjourn the Planning and Zoning Commission meeting at
4:15 p.m. Commissioner McMath seconded the motion and carried unanimously, 4 -0.
Agenda Item No. 6 -- Executive Session
At 4:16 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,
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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)
Cause No. 49,367 -CCL2, Brazos County — Wilkerson v. College Station
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.
Case 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.
4110 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.
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 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.
Workshop Atenda Item No. 7 -- Final action on Executive Session, if necessary.
Council recessed from executive session at 5:25 p.m. No action was taken.
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The council returned to the workshop meeting.
Workshop Agenda Item No. 4 -- 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. 5 -- 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
This item was postponed until after the regular meeting.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding
4 11or proposed annexation.
City Planner Jane Kee noted that the purpose of this item was to give council an opportunity to
discuss the proposed annexation and give staff direction as to the areas to include in the
ordinance that will be considered on October 24, 2002. Ms. Kee addressed questions and
clarified comments from letters received from landowners in the proposed areas and the previous
public hearings.
Ms. Kee responded to questions raised by Council members regarding the proposed annexation.
Council members held discussion regarding Areas 2, 5 and 6.
After council deliberation, a consensus was met to retain Areas 2, as presented by staff, with
Council member Hazen in opposition.
In response to questions raised regarding Areas 5 and 6, Council discussion will continue after
the regular meeting.
Agenda Item No. 6 -- Executive Session will immediately follow the workshop meeting in
the Administrative Conference Room.
At 6:15 p.m., Mayor Silvia announced in open session that the City 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
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consider the purchase of real property and to consider economic development negotiations.
t ry Refer to executive session list previously mentioned.
Regular Meeting: Item No. 8
Mayor Silvia called the regular meeting to order at 7:05 p.m. He led the audience in the pledge
of allegiance.
Mayor Silvia presented the proclamation for National Disabilities Awareness Month to Susie
Junek; Chairperson of the Mayor's Committee on Employment of Persons with Disabilities.
Council member Hazen presented the proclamation for Lights On After School to Lance Jackson
and Lincoln Center Staff.
Council member Happ presented the Texas Amateur Athletic Federation Member City Award to
Steve Beachy, Geri Marsh and Peter LaMont.
Council member Mears and Athletic Events Supervisor Geri Marsh presented the following
awards:
TAAF Male Athlete of the Year to Brett Cast
TAAF Female Athlete of the Year to Robyn Miller
Item No. 8.1: Hear Visitors:
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Rebecca Mann, 2000 Longmire Court #10, addressed the Council in support of the College
Station Bikeway and Pedestrian Master Plan.
Lisa Villalobos, 1313 Mullins Loop North, College Station, addressed the Council to consider a
permanent location for the Toy Library.
Consent Agenda
9.1 Approved by common consent the minutes for City Council workshop and regular
meeting, September 26, 2002.
9.2 Bid No. 01 -97 — Approved by common consent a renewal agreement with National Tree
Expert Company for electric system tree trimming contract for an annual estimated
expenditure of $268,624.00. Funds available and budgeted in the Electric Division
Operating Fund.
9.3 Bid No. 02 -108 — Approved by common consent the ratification and approval for
insurance bid for excess liability and workers compensation coverage and rejection of all
bids received on Bid No. 02 -104. Funds available and budgeted in the City's Self
Insurance Funds.
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9.4 Approved by common consent Resolution No. 10 -10- 2002 -9.4 approving the Budget of
the Brazos County Emergency Communications District, FY 2003.
9.5 Approved by common consent the ratification of purchase of concrete flat work and curb
& gutter installation, in accordance with LGC 252.022(a)(2) a procurement necessary to
preserve the public health or safety of the municipality's residents, to Texcon, Inc. in the
amount of $45,370. Funds available in the Public Works Streets Maintenance Division
Budget.
9.6 Approved by common consent a second amendment to the development agreement
between the City of College Station and TAC Realty Inc. Council member Garner
abstained.
Regular Agenda
Regular Agenda Item No. 10.1 -- Public hearing, discussion and possible action on a
rezoning for 3950 Harvey Road.
Director of Development Services Kelly Templin noted the location of the subject property and
explained that it consists of 5.36 acres, which is currently zoned A -O, Agricultural Open. He
explained that the applicant is requesting that 3.86 acres be rezoned to A -P, Administrative
Professional, with the remaining 1.5 acre tract rezoned R -1, Single Family Residential.
According to the 30/60 Study the appropriate uses for the area are commercial, office /service,
and higher density single family.
Staff recommended the A -P rezoning, since this rezoning complies with the 30/60 Study and
standards.
The Planning and Zoning Commission recommended denial based upon the possible negative
impacts on the surrounding single - family neighborhood.
Mayor Silvia opened the public hearing
Mark Dudley, 8 Lori Lane, College Station made a presentation to the Council requesting the
rezoning. In his presentation he proposed to plat a landscape preserve to maintain the existing
natural buffer between the commercial use and the adjacent single family property. Mr. Dudley
also offered to incur the cost for widening Pamela Lane.
The following citizens spoke in opposition of the rezoning
John Vilas, 15 Ranchero Drive
Walter Hoke, 37 Pamela Lane
Delph Ross, 1002 Oakhaven Circle
Don Austin, 48, Pamela Lane
Mayor Silvia closed the public hearing.
tiore
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Council member Happ moved to approve an ordinance rezoning 3.86 -acre tract from A -O,
4h, Agriculture Open to A -P Administrative Professional and the remaining 1.5 to R -1, Single
Family Residential. Motion seconded by Council member Garner.
Council member Hazen moved to amend the motion to include the applicants proposal to plat a
landscape preserve to maintain the existing natural buffer between the commercial use and
adjacent single family, and approve Ordinance No. 2583 rezoning 3.86 -acre tract from A -O,
Agriculture Open to A -P Administrative Professional and the remaining 1.5 to R -1, Single
Family Residential. Motion seconded by Mayor Pro Tem Massey, which carried by a vote of
5 -2.
FOR: Silvia, Massey, Happ, Garner, Hazen
AGAINST: Maloney, Mears
Council recessed at 8:39 p.m. for a short break and returned to the regular meeting at 8:50 p.m.
Regular Agenda Item No. 10.2 -- Public hearing, discussion and possible action on revising
the classification of the Cornell Drive /Lassie Lane thoroughfare from a major collector to a
minor collector.
Transportation Planner Ken Fogle described the location of Cornell Drive and Lassie Lane. It is
a major collector east of Texas Avenue between Southwest Parkway and Holleman Drive.
Cornell Drive is a two -lane roadway, running from Southwest Parkway and terminates at a
parcel of land with another segment before Manuel. Lassie Lane is also a two -lane roadway
between Sterling and Holleman. Mr. Fogle explained the differences between a major collector
and minor collector. The projections submitted in the traffic study by Jeff Milburn Engineering,
justified reclassifying Cornell as a minor collector on the Thoroughfare Plan.
Staff recommended revising the Thoroughfare Plan to include the Cornell Drive and Lassie Lane
corridor as a minor collector.
Mayor Silvia opened the public hearing.
Willie Allen, 8706 Driftwood Drive spoke in opposition of the ordinance.
Mayor Silvia closed the public hearing.
Council member Maloney moved to deny the reclassification of Cornell Drive and Lassie Lane
as a minor collector street. Motion seconded by Council member Garner, which carried by a
vote of 6 -1.
FOR: Silvia, Massey, Happ, Maloney, Garner, Hazen
AGAINST: Mears
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tow Regular Agenda Item No. 10.3 -- Presentation, discussion and possible action on adopting
the College Station Bikeway and Pedestrian Master Plan update.
Transportation Planner Fogle presented an update regarding the Bikeway and Pedestrian Master
Plan. He explained that the City Council's 2001 -2002 Strategic Plan included a strategy to
improve bike /pedestrian friendliness by constructing and maintaining bike /pedestrian
infrastructure.
The original plan was adopted in 1993. The new plan included new areas of the City as well as
some new opinion. He explained that bikeways are described as on- street lanes and routes and
off - street trails to accommodate both cyclists and pedestrians. The objective of the plan was to
provide a system of bikeways and pedestrian ways similar to the thoroughfare system that is
provided for vehicles and to encourage the use of these methods of transportation. Mr. Fogle
noted that the processes in developing the plan involved research, public involvement, surveys,
and avenues of advertisement and field investigation.
Mr. Fogle discussed support elements, such as design elements, education/safety and facilities.
He noted one area of concern was whether bike lanes should be included on Longmire Drive
between Harvey Mitchell Parkway and Valley View Drive. Long term plans for this area have
been to construct a pedestrian/bikeway bridge across Bee Creek at the end of Longmire Court to
tie into the College Station Bike Loop. The reason for not installing bike lanes along this stretch
of Longmire included safety concerns at the Harvey Mitchell Parkway /Longmire intersection
and the removal of parking adjacent to the College Station Business Center.
The Planning and Zoning Commission approved the Bikeway and Pedestrian Master Plan with
the amendment to change the bike plan for the section of Longmire between Airline and Valley
View to Airline and Southwood.
Mayor Silvia opened the public hearing.
The following citizens addressed the Council regarding the proposed College Station Bikeway
and Pedestrian Master Plan.
David Scott, 1019 Guadalupe
Willie Allen, 8706 Driftwood Drive
Robert Rose, 400 Nagle, #502
Jim Griffin, 4728 Stonebriar
Steve Bradley, 706 Putter Court
John Clark, 504 Crescent, Bryan
Mayor Silvia closed the public hearing.
Mayor Pro Tem Massey moved to approve the Bikeway and Pedestrian Master Plan with the
Planning and Zoning Commission amendment to change the bike plan for the section of
Longmire between Airline and Valley View to Airline and Southwood. His motion also
,,,, reflected a request for staff to return to the City Council with an amendment to the ordinance
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411w when the bridge was completed at Bee Creek. Council member Mears seconded the motion,
which carried by a vote of 7 -0.
FOR: Silvia, Massey, Happ, Maloney, Mears, Garner, Hazen
AGAINST: None
Council recessed at 10:40 p.m. for a short break and returned to the regular meeting at 10:48
p.m.
Regular Agenda Item No. 10.4 -- Presentation, discussion and possible action on Covenants
and Restriction for the new business park generally located near the intersection of
Highway 6 and Greens Prairie Road.
Director of Economic Development Kim Foutz described the Covenants and Restrictions for the
new business park. The Covenants and Restrictions were written to accomplish a "Woodlands"
effect, preserving the natural setting and blending man made elements within. Issues addressed
in the Covenants and Restrictions included allowed uses, architectural /development standards,
design approval process, and maintenance of the park common areas. She described the
following Covenants and Restrictions for the new park:
• Covenants and Restrictions run with the land and are binding upon lessees and owners
• Duration is 20 years with automatic 10 year renewals
• Amendments are made solely by the City Council
• An Advisory Board comprised of city staff members appointed by the City Manager will
regulate all development and redevelopment activity
• Sets development standards for utilities, driveways, parking, loading, storage, screening,
sidewalks, pathways, exterior illumination, signage and building design
• Covenants and Restrictions work in connection with City Ordinances and Codes.
Wherever there is a conflict, the more stringent requirement applies.
Mayor Pro Tem Massey moved approval of the Covenants and Restrictions for the new business
park located near the intersection of Highway 6 and Greens Prairie Road. Motion seconded by
Council member Garner, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Happ, Maloney, Mears, Garner, Hazen
AGAINST: None
Regular Agenda Item No. 10.5 -- Presentation, discussion and possible action on a Master
Plan for the new business park generally located near the intersection of Highway 6 and
Greens Prairie Road.
Ms. Foutz also presented the goals for the new business park. The proposed business park shall
include 376 total acres with 239 acres for development and 108 acres for greenway purposes.
Highlights of the proposed Master Plan included:
• Utilization of roadways and utilities that were identified in various City plans
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• Incorporates roadways depicted in Thoroughfare Plan
• Incorporates Rock Prairie Small Area Plan
• Accomplishes goals in the Greenway Master Plan components
• Accomplishes large uses if needed
• Phased approach allowing construction on an "as needed basis"
• Utilizes water feature as primary amenities
• Utilization of greenway trails to accomplish detention
The Master Plan provided a master preliminary plat, a master plan document, covenants and
restrictions, concept cost estimates, recommendations on phasing, land offering calculator and
presentation materials.
Mayor Pro Tem Massey moved approval of the Master Plan for the new business park located
near the intersection of Highway 6 and Greens Prairie Road. Motion seconded by Council
member Garner, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Happ, Maloney, Mears, Garner, Hazen
AGAINST: None
Regular Agenda Item No. 10.6 -- Presentation, discussion and possible action on the cross -
connection control requirements for residential lawn irrigation systems in College Station,
including a recommendation from the Construction Board of Adjustments and Appeals for
amendments to the 2000 International Plumbing Code (IPC) and 2000 International
Residential Code (IRC), and staff recommendation for alternative amendments.
Water/Wastewater Division Manager Dale Schepers and Building Official Lance Simms
described the current regulations, standards, ordinances and code that dictate the means and
methods required to protect the public water supply system from cross - connections and backflow
conditions. Mr. Schepers provided information regarding council concerns from the August 22,
2002 meeting.
Mr. Simms explained that the 2001 International Codes did not recognize double check
assemblies in their list of methods approved to protect the public water supply system.
Staff noted there are two issues for the Council to consider regarding this item.
• Chapter 11, Section 10 of the Code of Ordinances, IPC and IRC need to be revised to
resolve a conflict in the definition of Atmospheric Vacuum Breaker (AVB) and in
inspection and testing requirements.
• The Construction Board of Adjustments and Appeals recommended by majority vote at
its May 20, 2002 meeting to amend the IPC and IRC to allow the use of double check
valve assemblies, which are not allowed for lawn irrigation under current code, as
protection for the public water supply system, and to extend the testing interval for all
backflow assemblies from one year to five years.
Staff recommended resolving testing /inspection conflict and increasing test interval to five years.
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The following citizens addressed the Council regarding this item.
Glenn Thomas, 110 12 Man Circle
John Prince, 4710 Elmo Weedon Road
Council member Hazen moved to approve Ordinance No. 1A, 1B, and 1C. Motion seconded by
Council member Maloney. Motion failed 7 -0.
Council member Maloney moved to approve Ordinances 2585 (2a), 2586 (2b) and 2587 (2c)
amending Chapter 11, Section 10 of the Code of Ordinances and Chapter 3 of the Code of
Ordinances to clarify that double check valve systems shall apply to lawn irrigation systems.
The motion also included changing the commercial inspections from one year to five years.
Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Happ, Maloney, Mears, Garner
AGAINST: None
Regular Agenda Item No. 11 -- The City council may convene the executive session
following the regular meeting to discuss matters posted on the executive session agenda for
10/10/02.
At 12:20 a.m., Mayor Silvia announced in open session that the City 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.
Refer to executive session list previously mentioned.
Regular Agenda Item No. 12 -- Final action on executive session, if necessary.
Council concluded its executive session at 12:30 a.m. They returned to open session. No action
was taken.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding
proposed annexation.
The council continued their discussion regarding Areas 5 and 6 of the proposed annexation.
After council deliberation, a consensus was met to consider all six areas of the proposed
annexation.
No formal action was taken.
Workshop Agenda Item No. 4 -- 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
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Preservation Committee, Joint Relief Funding Review Committee, Library Committee,
r Intergovernmental Committee, and the Transportation Committee.
Council members provided no reports.
Workshop Agenda Item No. 5 -- 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
Council reviewed upcoming calendar of events.
Regular Agenda Item No. 13 -- Adjourn.
Hearing no objections, the meeting adjourned at 12:50 a.m., Friday, October 11, 2002.
APPROVED:
Mayor Ron Silvia
ATTEST:
� M Cos)o ,.s,
City Secretary Connie Hooks
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