02-10-2015 MinutesMINUTES
REGULAR MEETING
February 10, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 10, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers,
1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Robin Thompson
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Councilmember Daryl John was absent.
Call to Order
Mayor Pro -Tem Cedric Edwards
Councilmember Grumpy Azzoz
City Manager John Kessel
Executive Director Brian James
City Attorney Connie Lock
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Pastor Garry Shelton, Church of God by Faith Spirit of Life)
Pastor Garry Shelton provided the invocation followed by the Pledges of Allegiance to the Flags
of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
Mayor Carpenter recognized Director of Development Brian James who provided the
following announcements:
• Thursday, February 12, Frost Bank, 16895 IH 35, is hosting a Chuck Wagon
Breakfast from 7:30 a.m. through 9:30 a.m.
• Thursday, February 12, the City is hosting a lunch for the Greater Randolph Area and
Kerr County Trail Riders at Pickrell Park, Large Pavilion, 11:30 a.m. to 1:30 p.m.
• Thursday, February 12, the Northeast Partnership Meeting will be held at 11:30 a.m.,
Olympia Hills Golf and Conference Center.
• Monday, February 16, City Offices will be closed in observance of President's Day.
Upcoming Events:
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• Tuesday, February 17, Chamber Luncheon — State of the Cities, Schertz, Selma and
Cibolo, and Presentation on upcoming developments in 2015, 11:30 a.m., Schertz
Civic Center.
• Wednesday, February 18, Blood Drive in front of the Schertz Community Center
• Saturday, March 7, Wilenchik's Walk For Life at Clemens High School
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to update
the Council regarding the grant we requested last week; he knows Council is very keen to
fmd out how we did. Mr. Kessel stated it ended up being a little different as they
changed the due date and the time so we had a reprieve and did not have to spend the
night. Mr. Kessel stated that they did run it up this morning and we feel like we are in the
top 10 perhaps and at least for sure in the top 20. We feel very confident, they would not
give us the exact number, but we were in the early set.
Mr. Kessel stated that interestingly on the drive back, Jon Harshman who was delivering
the packet, came across a downed power line that fell across the interstate; he got stuck
on the interstate for three hours and is just now getting back to Schertz. So it turns out
that the return trip was a little more dangerous than the trip to deliver the packet.
Mr. Kessel stated this was a phenomenal packet that he signed; each one had about 20
different pages and a tremendous amount of signatures. He stated that this was nothing
compared to the team who put this together: Jon Harshman, Cindy Raleigh, Larry Busch
Jr., Sam Willoughby, Jimmy Hooks, Jennifer Jones and Tiffany Danhof. He stated that
this team all worked on the project and put in quite a lot of effort. He stated that the
packets were only released for us to fill out this morning, so by 10:30 a.m., they had
completed double sets of ten applications. He stated this was excellent work and again
thanked the team.
Mr. Kessel also stated that as you recall last week we had an aggravated bank robbery at
IBC Bank here in Schertz. Mr. Kessel said information is coming out now with a series
of events that he wants to share with the Council. Mr. Kessel stated this is a victory
because we actually positively identified the suspect within 24 hours. We have been
working with the Federal Bureau of Investigation (FBI) and other agencies to apprehend
the suspect. We were also able to determine that he was involved in several other alleged
incidents, including a crime in Alamo Heights. We have been working closely with
Alamo Heights to have this individual arrested, and he has been arrested at this point.
Mr. Kessel stated that you probably saw this information on the news, so there is a lot
more to the story than perhaps you are seeing on the news and in the press releases. It
was our Schertz Police Department Criminal Investigations Division (CID) that did the
initial identification and actually put the pieces together for the other communities and
the FBI. Mr. Kessel stated that the CID team was led by CID Corporal Ernest Spradling
who did a tremendous job. Mr. Kessel stated that it was his understanding that the
suspect had already been connected to two similar cases and was on probation, so we
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probably will not see him for a while. Again, Mr. Kessel thanked the CID team stating it
was a great effort by the different teams of the city.
Mayor Carpenter recognized Police Chief Michael Hansen who was in the audience and
asked if he would pass along to all those involved that it was great police work. Mayor
Carpenter added that we have had a small number of armed bank robberies in the City of
Schertz and from what he has been told by some of the officers that were working that
particular evening we've got about a 50% record of catching them within 48 hours. Chief
Hansen stated that there are zero unresolved cases. Again, Mayor Carpenter stated that
this was great police work.
Hearine of Residents
No one spoke.
Consent Agenda Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February 3, 2015. (J. Kessel/B. Dennis)
2. Ordinance No. 15 -M -06 — Consideration and/or action approving an Ordinance
authorizing and amending the City Council Rules of Conduct and Procedure providing
for the treatment of abstentions; repealing all Ordinances or parts of Ordinances in
conflict with this Ordinance. Final Reading (Mayor /C. Zech/B. Dennis)
The following was read into record:
ORDINANCE NO. 15 -M -06
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED
CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; PROVIDING FOR
THE TREATMENT OF ABSTENTIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
3. Ordinance No. 15 -M -07 — Consideration and/or action approving an Ordinance
amending the City of Schertz Code of Ordinances and certain other Ordinances by
amending the Fee Schedule and establishing the Wholesale Distribution Water Rate.
Final Reading (J. Bierschwale /S. Willoughby)
The following was read into record:
ORDINANCE NO. 15 -M -07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND
CERTAIN OTHER ORDINANCES BY AMENDING THE FEE SCHEDULE AND
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ESTABLISHING THE WHOLESALE DISTRIBUTION WATER RATE, AND
OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor
Pro -Tem Edwards to approve the consent agenda items 1 through 3 as presented. The
vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Azzoz, and Thompson voting for, no one voting no. Councilmember John was
absent. Motion passed.
Discussion and Action Items
4. Resolution No. 15 -R -11 — A Resolution by the City Council of the City of Schertz,
Texas authorizing the application for two Grant Applications with the County of Bexar in
the State of Texas for U.S. Department of Housing and Urban Development Community
Development Block Grant Program (CDBG) Funding and all other matters in connection
therewith. (J. Bierschwale /S. Willoughby /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE APPLICATION FOR ONE GRANT
APPLICATION WITH THE COUNTY OF BEXAR IN THE STATE OF TEXAS
FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
FUNDING AND ALL OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh who stated in
our packet she had placed a request for two grant applications. However, Sam
Willoughby and her attended a workshop last Thursday with CDBG where they put in
our names for these two projects. Yesterday after the agenda was posted she received a
phone call from one of the directors at CDBG letting her know that some of our projects
were not going to be eligible. Ms. Raleigh stated since we still want to do a water line
project, we re- scoped the project and fund area that will be eligible. Ms. Raleigh stated
that the reason the projects were not eligible was when we met with CDBG about two
weeks ago they had provided us with a map and outlined the areas that were eligible. Ms.
Raleigh stated they had understood in the process of doing this grant that the entire area
was available for the grant. However, they have different block groups within that scope
that says based on low to moderate income what can be done and what could be in the
grant. She stated that we needed to be in group 1. Our original projects were groups 1, 2
and 3. She stated you needed to have a 51 % or higher rate of low to moderate income in
that area to qualify for this grant. When they averaged out that higher street, it became
49 %. She stated the park was pulled because it does not affect low to moderate folks. It
does not improve their water or streets and is not directly going to affect them, so we
pulled this one as well.
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Ms. Raleigh stated that she and Sam Willoughby worked diligently today with the
engineers and came up with a re- scoping of an area that is all in group 1. It is a waterline
project and we are still going to be working in the Aviation Heights Subdivision. We are
still going to be replacing 50 year old lines, upgrading and supplying better water service,
getting rid of the AC pipe that is in there and place fire protection. Ms. Raleigh stated
that they basically just shifted their project over a little and she had a new exhibit
available if you would like to see where the project is going to be.
Mayor Carpenter recognized City Manager John Kessel who asked when the grant was
actually due, and do we have time to postpone this for a week? Ms. Raleigh indicated no,
the grant is due next Tuesday, February 17, 2015 at 11:00 a.m., so she would need
approval of this resolution this evening to move forward with the grant. Ms. Raleigh
stated that what she is asking is that council accept a revised version of the resolution this
evening. Mr. Kessel stated that one of the issues they are looking at is that it appears it is
posted for one grant in the caption and the posting and also in the resolution so maybe
they could continue this item to later in the meeting and discuss this with our attorney and
then we can come back and revisit this item if there is a way to address it properly.
Mayor Carpenter concurred and had no objections from Council to allow the City
Attorney and the department to discuss.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if it was possible for
the City Manager, staff and the City Attorney to take a look at it now. Mayor Carpenter
concurred.
Mayor Carpenter stated that they will come back to agenda item 4 later and moved on to
agenda item 5.
5. Ordinance No. 15 -S -08— Conduct a public hearing, consider and/or take action upon a
request approving an Ordinance for a proposed street name change of Schnebly Drive to
Hollering Vine beginning at the intersection of Long Leaf Parkway extending north,
approximately 2,300 feet to the intersection of Lower Seguin Road. First Reading (B.
James/L. Wood)
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating
that this is a request for a street name change. The street name is currently Schnebly
Drive and is located approximately 1,500 feet from Lower Seguin Road. The area that
they are proposing to change is approximately 2,300 feet. It is a ninety six foot (96')
right -of -way that carries residential traffic through the Sedona and Crossvine subdivision.
Currently there are no residential or commercial lots that are addressed on Schnebly
Drive.
Ms. Wood stated thirty-one (3 1) notices were mailed out to property owners that are
actually adjacent to Schnebly Drive. This is part of our guidelines that were laid out in
May of 1989. She stated that we are holding a public hearing today so that individuals
have the ability to speak.
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Ms. Wood stated that when they sent out the notices five (5) responses were received;
three (3) in favor and two (2) opposed with the following comments:
Opposed — "Waste of money!"
Favor - "Don't care for the name Schnebly Dr.
Ms. Wood stated that as a little history regarding Schnebly Drive it is a native Schertz
name, Sedona Arizona, and stated the first postmasters wife was named Sedona
Schnebly, so Sedona is the subdivision and Schnebly was her last name. She stated
Sedona Schnebly was a very important part of Sedona Arizona, so it's not a family name
for the City of Schertz.
Ms. Wood stated that Bexar Metro 911, Schertz Police, Schertz Fire, and Schertz EMS
have been notified and have no issues with the proposed street name change.
Ms. Wood stated that on January 28, 2015 the Planning and Zoning Commission held a
public hearing and forwarded a recommendation of approval of the street name change of
Schnebly Drive to Hollering Vine. Staff recommends approval of the first reading of
Ordinance 15 -S -08 to change the street name of Schnebly Drive to Hollering Vine. Ms.
Wood stated that the cost of the street signs are around $45.00 a piece and the developer,
Chris Price with Schertz 1518 Limited is going to pay to have the signs changed, so there
is not a fiscal impact to the city.
Ms. Wood stated that through the process they have notified Bexar Metro 911, Schertz
Police and Fire Departments and EMS and they do not have any issues with the change.
Ms. Wood provided a map of the area indicating that some of the road is Hollering Vine
and some is named Schnebly, so the idea is to be a consistent Hollering Vine, and to
provide consistency for emergency services.
Ms. Wood stated that the Planning and Zoning Commission held a public hearing on
January 28, 2015 and forwarded a recommendation of approval as well as staff
recommends approval of the first reading of this ordinance.
Mayor Carpenter opened the public hearing and as no one spoke closed the public
hearing for Council Comments.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that you indicated that
there were no commercial lots on this particular street right now. Ms. Wood stated that
right now there are none addressed for Schnebly Drive and it would not affect anyone
that would have to have their address changed. She stated that nothing is addressed right
now on Schnebly Drive. Mayor Pro -Tem Edwards stated that you mentioned you spoke
to EMS, Police and Fire, but asked if they had spoken to the Post Office. Ms. Wood
stated that the Post Office has already approved the street name change and she had a
letter from them stating this.
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Mayor Carpenter recognized Councilmember Azzoz who stated that you mentioned the
post office already approved the name change. Ms. Wood answered they approved the
street name change of Hollering Vine. Ms. Wood stated that as a matter of fact, Chris
Price is not here this evening but at the Planning and Zoning meeting he had had a
conversation already with the Post Office because they have some concerns with the two
street names and the mail delivery being split.
Councilmember Azzoz asked what the two comments were that she received. Ms. Wood
stated the two comments were "Don't care for the name Schnebly Drive, which was the
one that was in favor. The one that was opposed was because they thought that it was a
waste of money and that is why she stated that the developer was going to pay for the
street signs to be replaced, the city will not.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Azzoz to approve Ordinance No. 15 -5 -08 on first reading. The vote
was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
and Thompson voting for, no one voting no. Councilmember John was absent.
Motion passed.
Mayor Carpenter moved to the requests and announcements section of the agenda.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements.
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items requested at this time.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he still is waiting on
the disc profile information on two of his colleagues. City Manager John Kessel replied
that he has all but one completed and is waiting on the other one. Upon receipt of the last
profile, he will compile the information with all six members and can e -mail those
results.
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
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• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he attended the
following events:
o February 5, Ribbon Cutting with RockStar's Place, 1248 FM 78 #101.
Mayor Carpenter recognized Councilmember Fowler who stated he attended the
following events:
• February 6, Mia's Mirror Grand Opening, inside the HEB on IH -35.
• February 10, Proclamation Presentation to Mr. John Anthony Misaejko, a military
veteran, and current resident of New Haven Assisted Living, in celebration of
turning 92 today.
Mayor Carpenter recognized Councilmember Azzoz who stated he attended the following
events:
• February 5, Mia's Mirror VIP (invitation only opening).
• February 6, Mia's Mirror Public Grand Opening, inside the HEB on IH -35.
Councilmember Azzoz also mentioned that in working with the disabled veterans and
other individuals who needed additional space, there is now 4800 square feet at their
disposal to the other 4,800 square feet that they currently have. , Councilmember Azzoz
stated that they do things such as restore cars and other wonderful activities and invited
Council to go up and see these projects.
Mayor Carpenter recognized Councilmember Thompson who stated he attended the
following events:
• January 31, Schertz Chamber of Commerce 3rd Annual Health & Wholeness Fair,
Schertz Civic Center (sponsor, Baptist Emergency Hospital)
Councilmember Thompson also stated that in speaking with the individual vendors at the
Health Fair, two out -of -town businesses are seriously considering opening up a location
here in Schertz. One is a family practice looking to expand and the other business vendor
got lost and ended up at both the YMCA and the Library for directions and was so
impressed with both entities she is going back to recommend to her supervisor that their
second location be in Schertz.
Mayor Carpenter stated he went to Austin last Friday and met with a couple of Senators
and some staff from our representatives in the area. Mayor Carpenter stated it is going to
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be a very interesting Legislative Session. There is an overtone that's there right now that
he would construe as an interest by the State Legislature of mandating a form of
transparency on local governments.
One of the things they are suggesting is the removal of our ability to meet in closed
session to discuss economic development negotiations. There are a lot of things like that
so he encouraged every member of this council and anyone here of interest to take a look
at the bills that have been filed in Austin that you think are of interest to you and contact
your Legislators, Representatives and Senators in Austin to let them know your opinions.
He stated the last day to file bills is March 5 and the horse trading and negotiations have
already begun. He stated to keep an eye on these things because there are a lot of items
than can affect us as a City, some positively and some negatively.
Mayor Carpenter stated last Thursday evening there was a joint meeting with the
Northeast Partnership of Cities and the Guadalupe County Regional Mayors Association
talking particularly about what is going on in Austin. Mayor Carpenter stated that those
two groups will be meeting every two weeks throughout the legislative session and
making multiple trips to Austin to argue our views, whether they be successful or futile
before the various Committees and Legislatures' during this session.
Mayor Carpenter stated he also attended the following:
• January 31, Schertz Chamber of Commerce 3rd Annual Health & Wholeness Fair,
Schertz Civic Center (sponsor, Baptist Emergency Hospital). Mayor Carpenter
stated that there was not a single space open and the event was at capacity. He
stated that it featured a lot of businesses that are in our City and as
Councilmember Thompson mentioned, some that are deciding to come here.
• February 6, Mia's Mirror Grand Opening, inside the HEB on IH -35. Mayor
Carpenter also stated this is a great little store inside HEB; they are building a
restaurant on the opposite side of the store that will serve beer. Mayor Carpenter
stated that this is a really nice store and it will be interesting to see how the entire
thing looks once it's finished.
Mayor Carpenter stated finally and as an announcement and will provide this information
to the City Secretary later but pursuant to Article 4, Section 4.09, Subsection (a) of our
Charter he is calling sessions of Council on the following dates:
Friday, March 6 @ 9:00 a.m., City Council Chamber Conference Room
Friday, June 5 @ 9:00 a.m., City Council Chamber Conference Room
Friday, September 4 @ 9:00 a.m., City Council Chamber Conference Room
Friday, December 4, @ 9:00 a.m., City Council Chamber Conference Room
Mayor Carpenter stated if we need to meet somewhere else other than the City Council
Chamber Conference room because of the content of those meetings and workshops he
will let everyone know, otherwise these are now scheduled meetings of the Council.
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Discussion and Action Items
4. Resolution No. 15 -R -11 — A Resolution by the City Council of the City of Schertz,
Texas authorizing the application for two Grant Applications with the County of Bexar in
the State of Texas for U.S. Department of Housing and Urban Development Community
Development Block Grant Program (CDBG) Funding and all other matters in connection
therewith. (J. Bierschwale /S. Willoughby /C. Raleigh)
Mayor Carpenter stated that what he has been told by the City Attorney and the City
Manager is that he needs to read number 4 as printed as opposed to the caption he had
read before. Mayor Carpenter read the following caption:
RESOLUTION NO. 15 -R -11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE APPLICATION FOR TWO GRANT
APPLICATIONS WITH THE COUNTY OF BEXAR IN THE STATE OF TEXAS
FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
FUNDING AND ALL OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Manager John Kessel who explained that they wanted
to make sure that what was read to the Council and audience is what was actually posted
which was a slightly larger request that was for two grants. When we found out that one
of the grants was not going to qualify, we dropped that. There is not a concern that we are
going from two to one, there was certainly enough notice in that.
Mr. Kessel stated one of the other components; if you read the staff report that was
contained in your council packet we had a first project which was waterlines in Aviation
Heights. The second project is the drainage project that was dropped. We are still
proposing to do the Aviation Phase 4B Waterlines which is one and two blocks away
from the project. The cost will now be $225,552.60 and is the matching grant from the
city. We are going to ask for the exact amount from CDBG. What we are trying to do is
make application and there is a deadline for this grant of 11:00 a.m. next Tuesday. What
we would propose is that Council approve the resolution that is before you tonight and
we will come back next week to ratify it with the exact language in a staff report that can
itemize all those pieces. Since this is not involving any spending of money or action that
is permanent, it is simply to make application and it is a very low risk situation.
Mayor Carpenter stated that the request of Council is that we approve Resolution No. 15-
R -11as it was presented in the packet.
Mayor Carpenter recognized City Attorney Connie Lock who stated that the other thing
is that notice has been provided to the public that we were applying for CDBG grants
which is the biggest issue so we are now applying for one less than was noticed. It would
be a much bigger problem if we posted for one and trying to apply for two. Here we are
just reducing the size; the public has been notified that we are planning to do this.
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Mr. Kessel stated to be clear Ms. Raleigh has a revised Resolution that does reflect the
new amount $225,552.60, single grant item and that is what we are requesting Council to
take action on.
Mayor Carpenter recognized Councilmember Azzoz who asked for more clarification on
the amount. Ms. Raleigh stated the total amount of the project is $452,105.20. We are
doing a 50150 match and so we are going to ask CDBG for $225,552.60 and the city will
match the exact same amount out of their water construction funds.
Mayor Carpenter moved, seconded by Mayor Pro -Tern Edwards to approve Resolution
15 -R -11, as revised and presented to Council by staff. The vote was unanimous, with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and Thompson voting
for, no one voting no. Council Member John was absent. Motion passed.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 through 5.
Executive Session
Mayor Carpenter adjourned the regular session at 6:38 p.m. into executive session.
10. City Council will meet in closed session under section 551.074 Evaluation of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 6:42 p.m.
10a. Take any necessary action based on discussions held in closed session under Agenda
Item number 10.
No action taken.
Adi ournment
Meeting was adjourned at 6:42 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
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