ccreg 11-18-1986
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REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 18, 1986
The Schertz City Council convened in Regular Session, Tuesday, 0
November 18, 1986, at 7:00 p.m. in the Council Chambers of the
Municipal Complex, 1400 Live Oak Road, Schertz, Texas. The '
following members were present: Mayor Earl W. Sawyer, presiding;
Charles B. Sharpe; Hal Baldwin; Ray Stanhope; Adolph Aguilar and
Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore
and City Secretary June G. Krause.
Mayor Sawyer welcomed everyone to the meeting and asked to skip
to item #3 on the agenda.
#3 RESERVE OFFICERS: Mayor Sawyer introduced Mr. Thomas L.
Curd and Mr. Russell L. George, applicants for Police Reserve
Officers and officer Bundy as the supervisor for the reserves.
He advised that these men, although serving as volunteers, have
obtained the required schooling, uniforms and hardware at their
own expense.
Mr. Sharpe moved to appoint Thomas L. Curd and Russell L. George
to the Police Reserve Force. Mr. Stanhope seconded the motion,
which carried with the following vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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Mayor Sawyer told these men that the City is very proud to have
them on our reserve force.
PUBLIC ZONING BEARING: Mayor Sawyer opened the hearing and
explained that it was'being jointly held by the City Council and
the Planning and Zoning Commission. He then turned the hearing
over to Mr. Tom Yarling, Chairman of the Planning & Zoning.
Mr. Yarling explained the hearing was being held to receive input
from the public on the request by the New Creation Christian
Fellowship for a Specific Use Permit to build a church on a
43.l28 acre tract of land located in the Oak Forest Subdivision.
He then explained the procedures for the hearing, saying that
after the close of this hear ing no further comments would be
heard. The Planning and Zoning then has ten days in which to
make a recommendation to the Council, who will act on the request
at their next regular meeting after receiving the
recommendations. Mr. Yarling then reminded the audience that
there was a sheet in the front for those wishing to speak to
sign, if there were some who would like to speak who had not
signed in, they could do so at this time.
Mr. Yarling said first there will be a briefing by the staff,
then remarks from the applicants making the request, then 0
comments from the citizens. I
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Mr. Steve Simonson, Planning Coordinator, said this concerns a
request from the New Creation Christian Fellowship for a Specific
Use Permit to be allowed to place their church on a 43.128 acre
tract located to the rear of the Oak Forest Subdivision.
Previous to this hearing, twenty-two letters were sent to owners
of property within 200 feet of this 43 acres. Five letters were
returned with comments - 4 were opposed and one in favor of
granting the Specific Use Permit.
First to speak for the applicants was Pastor David Copeland. He
said they plan to bring basic christian values to the home and
community, that they plan to make a positive influence. Pastor
Copeland said they are non-denomination church and have been in
existence since March 1985. He said with the City's approval
they plan to enhance the quality of life in Schertz because of
their growing ministry.
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Captain Andrews briefed on the church's ten-year plan. He said
that if they are given approval, their first building is designed
to be a total worship center. It will be designed by the
regulations of the City. He said they have one thought in mind
and that is to enhance the christian way of live in Schertz.
This building should be completed the later part of 1988. The
second building would be a gymnasium and recreational center and
should be completed in the later part of 1990-91. The third
building will be a early learning center to teach children from
the first to the sixth grades.
Mr. Elliot Cunningham spoke as a member of the Fellowship. He
said they feel they have the opportunity to offer the City of
Schertz an alternative for the land use rather than the crowded
and congested area of apartments and condos. They only want to
enhance property values in this area. He said they have met with
city staff to discuss the problems of traffic etc. He said they
did not anticipate any problems since they will be using off time
for traffic on Wednesday evenings and Sundays. He said they
believe that FM 3009 will not be the only access they will have
to their property but could offer no positive plans. He said
they are looking forward to working with the city for good
practical growth in this area if given permission to build.
Mr. Yarling then called on the citizens that had signed up to
speak on this request.
Mr. Jerry Hennig, did not agree with the request but yielded his
time to Bob Booth.
Mr. Bob Booth said he was a property owner within the 200 feet of
this area and would speak on behalf of a lot of the property
owners present at this meeting. He then asked Mrs. Courtney to
r- pass out the petitions they had brought with them signed by
people who strenuously obj ect to the Specif ic Use Permit. Mr.
Booth said he was surprised because he thought they would see
plans or drawings for this request.
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Pastor Copeland said they did not bring plans because they would
have had to expend a large some of money for them to be drawn
before they had even bought the land or had gotten permission to
build.
Mr. Booth said those he spoke for had three main objections. He
then read the following statement: "Those who bought in Oak
Forest were led to believe that the development would eventually
encompass approximately 67 acres of single family dwellings on
minimum half acre lots. Further, that the frontage on Jack Hays
Boulevard would be left "park-like" and in its natural state and
that upon completion of the Crest Oak entrance by the developer,
the Circle Oak entrance would be constructed to meet subdivision
standards by the City of Schertz. Many current residents made
substantial financial investments in their properties based on
these assumptions which have already been negated, i.e., the
frontage has been rezoned for commercial uses, a portion of the
subdivision has been rezoned to allow for Garden Homes, and the
Circle Oak entrance has yet to be reconstructed to subdivision
standards. While the assumed detrimental financial impact of the
foregoing to the current residents cannot yet be totally
measured, the additional proposed use of some 43 plus acres, (two
thirds of the originally planned subdivision) for use as a
religious encampment could only be logically considered as a
further breach of faith by all concerned along with additional
detrimental financial impact for the current residents.
2. Of additional, and perhaps primary concern, is that of the
additional vehicular traffic to be anticipated as a result of
what is suggested by some to be a current congregation in the
neighborhood of 800 to 900 people. What is the maximum number
planned for the future? We suggest that we may eventually expect
something in the area of perhaps 2000 to 2500 total membership.
The subdivision has only two entrances, one as previously
mentioned not even up to subdivision standards and, even if it
were, would not be sufficient for the traffic load that would be
imposed. Certainly an access direct to the site from a main
traffic artery would be a necessity. There is also the matter of
off street parking to be considered. The City ordinance requires
one off street parking space for each five seats. Assuming that
the initial church could accommodate the assumed current current
, membership of 800 to 900, approximately 180 parking slots would
, be required. Has this been addressed? The additional commercial
traffic which would be required for eventual support services is
a further detriment to be considered. A precedent for denial of
the Special Use Permit based on traffic considerations has been
established previously by the City in the case of the Church of
Christ proposed to be located at 103-105 Church Street in the
City of Schertz.
3. As a group of concerned citizens already paying a premium
price in terms of total property taxes in this community, we fail
to recognize any logic in the removal of some 43 acres of prime
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residential property from the tax rolls to accommodate a non-
taxable entity which it can be assumed will be primarily utilized
by people not residing in the City of Schertz, or for that
matter, even in this County. This property, properly developed
as originally planned, could be expected to generate up to
fifteen million dollars of taxable property in the very
foreseeable future. Are we to give up this very important tax
base and then provide all the essential services required for the
support and operation of this proposed facility, i.e., police and
fire protection, sewer and water services, repair of streets due
to excessive wear from high density traffic? Based on 1985 tax
rates, I for one, find that I am already paying in excess of
$2.00 per thousand dollars of assessed value than those living in
some of the most exclusive subdivision in metropolitan San
Antonio. Certainly we will not, in the face of this fact, be
] asked to further reduce our tax base and at the same time provide
support for a non-community related entity such as is being
proposed."
Mr. Booth then said that he would recommend that the City have a
very good look and ask this group to provide a financial
statement to insure that they can follow through with this
proposed project.
#2 Mr. Jerry Hennig then said the letter they received told them
that if they were going to be at the hearing, then they did not
have to answer the letter. He said, well, we are here. He said
he is opposed to the proposed development of this property. When
he bought it was with the understanding that it would be
residential but now it seems it is being proposed for commercial.
He said he was also concerned about traffic that to his
knowledge, there was no other access planned in or out of this
area. He also agreed that the loss of tax base would be
detrimental as it would represent an unneeded and large burden on
the people of this community.
#3 Mr. John Irland said he lived on Circle Oak and would be
looking across at this land. He said he has structural
engineering knowledge, was Chairman of the design committee of
his church, so on both aspects he knows what it takes to build a
church. He said that the presentation given tonight was
inadequate to make a decision. He asked what has been the growth
rate of this church? How big will it be - what is the ultimate
goal of this church. These people said they had a ten-year plan
but they only gave us a five-year plan. He also asked why 43
acres, according to the Southern Baptist it takes one acre per
100 people. He also asked how many members live in Schertz. He
went on to say that these are the things we need to know, we
can't make a decision ourselves but ask that the Council and P&Z
deny the permit based on the lack of facts.
#4 Mr. James Todd said he had talked to several Councilmen the
week before to find out just what this permit would cover. He
said that as of this same afternoon he still has not found out
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how they plan to operate. He said you need to determine what is
going to take place in the gym - dances, bingo? This looks like
a seven day operation to him. He said he sees no need for
another church in this area at this time. He said those people
in the area who want to go to church have not had any problem
finding a church to go to in the area. He said it looks like the
people in this city are being asked to subsidize this church.
There is only one paved road leading to that property - Circle
Oak. Those that live on Circle Oak are going to be murdered
trying to get into and out of their property. He said that at
the last meeting of the Council, there was a gentleman talking
about issuing bonds for the City of Schertz. Based on his
figures, it would raise taxes on a $50,000 home $50 dollars a
year. Why would we consider taking one million dollars out of
the tax base. Mr. Todd said that Mr. Cunningham had stated that
FM 3009 was going to be finished by the time they are going to
move in - if he knows that, he knows more than the Highway
Department does. Mr. Todd said he just wanted to say that he
concurs with what has been previously said and that they are
extremely upset with the developer who told them that this
property would remain single residential property. He finished
by saying he hoped the Council would not allow the developer to
sell them down the river.
i5 Mr. Stanley Spurkosky of 1312 Circle Oak said he was not
within the 200 feet of the propert~ but he was also lead to
believe that he was buying in the ml.ddle of a subdivision, not
commercial. He said that this subdivision is dying, it is being
surrounded by commercial development. He said they were told by
the City Council that Council wanted Jack Hays Boulevard to be a
scenic route into Schertz and we want to keep it that way. He
said they are trying to have some control in their subdivision
with the Neighborhood Watch program and he felt they would loose
control if this project goes in.
16 Mr. Gerald Brown said most of his questions have already been
asked but that he would like to put his name on record as being
opposed to this request.
#6 Mary Marsh said she and her husband are probably the newest
members in Oak Forest, having recently retired and moved there.
She said she also agrees with almost everything that has been
said. During their time in the service, they saved and invested
for their retirement home and bought in Oak Forest because it is
not only close to Randolph Air Force Base but is quiet with very
little traffic. She ended by saying to the applicants that she
was sorry because she knew that they wanted their church and she
wanted it for them but not in Oak Forest.
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That being all who had signed up to speak, Mr. Yarling said he
would entertain questions from Councilor P&Z.
Mr. Baldwin asked for a show of hands of those who did not send 0
their letter back but were present. He said there were about ten ' '
more to add to the list.
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Mr. Sharpe asked the membership of Pastor Copeland's church after
being organized for one year. Pastor Copeland said it was about
350 active members.
Mr. Sharpe also asked where their present church was located and
was told at 12525 Nacogdoches Road and their membership live in
San Antonio.
Mr. Sharpe then asked what would be the maximum number of people
they would anticipate at one time if they had the church, gym and
activity center. Captain Andrews said from 400 to 500 people.
Mr. Sharpe asked how they planned to finance such a
undertaking with such a young congregation. Captain Andrews
they would do it with tithes and offer ings. In 1986
collected about $300,000.
Mr. Bob Andrews of the P&Z said that the traffic count would be a
lot higher than with just homes on half acre lots, which would be
about 86 homes.
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said
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Mr. Aguilar said that out of the $300,000 collected, what were
their expenses. Captain Andrews, after enumerating the separate
items, said it would be about $170,000.
Mr. Aguilar also asked if the proposed school would be for
religious or academic. Captain Andrews answered it would be
academic for religious children.
Mr. Aguilar asked if there would be a conflict with the local
school district. Captain Andrews said they would work with the
local school district and if they say there is no need, then they
will not build. He said they don't plan on being a tax burden
that they plan on contributing to the Fire department, police
department, etc. He said they do not plan on the city
subsidizing them at all.
Mr. Willman said that normally a church locates in the area where
their congregation lives, so why here? Pastor Copeland said they
are a young congregation and he had talked with several of their
members who are looking to buy new homes. A number are on the
verge of retiring from the military and are looking into where
~hey want to buy retirement homes. He said they do not want to
come into a community where they do not carry their weight. He
said they intend to share in the burden as well as enjoy the
blessings. He said they want the kind of community they have
evidenced here and don't want their children growing up around a
negative influence.
Mr. Willman asked if they planned on putting homes in this area
,..- also. The Pastor said no, at this present time. They want a
campus.
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Mr. Willman said that normally an organization that has big plans
selects an area where they have access to a main artery, yet this
area has no access without going through a residential area.
Pastor Copeland said that in matters of getting in and out, it is
their intention to work with the developer so that they will not
be a nuisance. He said they are willing to do whatever they need
to do to obtain ingress/egress.
Mr. Allen asked if they had explored the possibility of an
easement or road from this property to IH-35. Captain Andrews
said they had and found out until someone improves plans for
Wiederstein Road, there would be more problems than Crest Oak.
Answering further questions, Captain Andrews said they had given
at least $20,000 last year and are committed to giving to fire,
police and the government of this city because they want to do
their share and be a part of the community. He said they operate
their budget on 60% of what they take in. He said they intend to
contribute as much as the taxes have been in the past.
Mr. Sharpe asked as part of their benevolence, would you be
willing to donate 15 or so acres for a city park. Pastor
Copeland said he would not be opposed to it at this time, if that
enhances our ability to work together, then they would consider
that.
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Mr. Yarling said again that after this public hearing there would 0\.
not be any further comments taken from the citizens. The
Planning and Zoning has ten days in which to make their
recommendation to City Council, who will then act on the request.
Mr. Yarling then turned the hearing back over to Mayor Sawyer.
Mayor Sawyer thanked all the citizens for coming to the hearing.
He also thanked the people of the New Creation Fellowship Church
and the citizens for helping to make the hearing an orderly
meeting. The Mayor said the City has conunitted a half million
dollars for FM 3009 improvements and have a letter saying it is
on the five-year plan and will probably be started sometime next
year.
Mr. Sharpe suggested all the citizens contact our State Senators
and express their concern about a traffic light on FM 3009.
Mayor Sawyer seconded that suggestion, saying that they would get
an answer from Mr. Kuempel. He said the City has asked the
Highway Department to slow traffic down on FM 3009 but the
citizens need to write their representatives as well because they
will listen to citizens.
Mayor Sawyer called for a recess at 8:12 p.m. to give P&Z members
time to leave.
The regular meeting was reconvened at 8:20 p.m.
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#1 APPROVAL OF MINUTES: Mr. Baldwin moved to approve the
minutes of the Special Meeting of October 29th and the Regular
Meeting of November 4, 1986. Mr. Greenwald seconded the motion,
~hich carried as follows:
AYES: Councilmen Baldwin, Stanhope, Aguilar and Greenwald
and Mr. Sharpe for the meeting of November 4th, abstaining on the
~eeting of October 29 because he was not present at that meeting.
NAYS: None
#2 BEARING OF RESIDENTS: None
#3 RESERVE OFFICER: This item was taken out of order and
~ayor Sawyer thanked the Council for letting him to deviate from
Ithe agenda.
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#4 ORDINANCE: Mayor Sawyer introduced an ordinance and
I"read the captiort as follows:
4~_f;''Jo"
AN ORDINANCE CALLING A BOND ELECTION TO BE
HELD IN THE CITY OF SCHERTZ, TEXAS, MAKING
PROVISION FOR THE CONDUCT OF THE ELECTION
AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION.
IMr. Sharpe moved to approve the ordinance calling a bond election
Ion January 10, 1987. Mr. Aguilar seconded the motion.
Mr. Greenwald reminded Council that as this was asked to be
considered as an emergency, two motions would be needed.
IMr. Sharpe withdrew his first motion and then moved to approve
emergency consideration of the ordinance calling an election.
IMr. Baldwin seconded the motion, which carried with the following
vote:
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! AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
IGreenwald.
: NAYS: NONE
IMayor Sawyer asked that in the future when an emergency existed,
Ito please have it listed as two items on the agenda.
IMr. Sharpe then moved to approve the ordinance calling a bond
lelection for January 10, 1987, calling for improvements to Water
land Sewer, Streets and Parks. Mr. Aguilar seconded the motion,
!which c,ar r ied as follows:
I AYES: Councilmen Sharpe, Baldwin Stanhope, Aguilar and
IGreenwald.
r- NAYS: None
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is COftRACT: Mr. Greenwald moved to approve the
consideration of, a Financial Advisory Contract with Tom
Anderlitch of Rauscher-Pierce Refesnes, Inc. Mr. Stanhope n
seconded the motion, which carried with the follow vote: LJ
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenw~ld.
NAYS:, None
#5-A ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
.oRDINANCE NO. 86-A-30
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
THE BOUNDARY LINES OF THE CITY OF SCHERTZ,
TEXAS ,BY THE ANNEXATION .oF A TRACT OF LAND
CONTAINING 12l.906 ACRES MORE OR LESS, aUT OF
COMAL COUNTY.
Mr. Stanhope moved to approve the first reading of an ordinance
on the proposed annexation of 12l.906 acres of land out of Comal
County. Mr. Greenwald seconded the motion, which carried as
follows:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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16 POLICE COMKURICATIORS: Mr. Gilmore explained this was
the communications equipment. . as discussed in workshop. The
Council had requested that he check to see if there was money
available for this equipment. Mr. Gilmore said that by using
Capitol Improvement and various money from water and sewer, he
could have the money in January for the 20 channel ,equipment.
Mr . Stanhope
Communications
$25,000. Mr.
follows:
moved to approve the purchase of Police
Equipment as discussed in an amount not to exceed
Greenwald seconded the motion, which carried as
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#7 CITY MANAGER'S REPORT: A. Mr. Gilmore said he would be
meeting with Attorney Becker 'on the court case the next day and
will attempt to set up date for Federal Court.
B. He will be meeting with the attorney on the Green Valley case
to set u~ for depositions for the Green Valley people - it should
be the f1rst part of December. Mr. Gilmore said they were having OIl
problems getting some of the items requested on discovery.
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4. He also said he has a meeting with Bob Solm of New Braunfels
Wtilities to discuss sewer for the Forbes property. Mr. Sharpe
4sked if he was going to give them a date we can shoot at as we
4hould draw this to a conclusion. Mr. Gilmore said that Mr.
~orbes and Mr. Brown have asked to appear before Council at the
:first workshop in January. He would like to make arrangements
with the Mayor to discuss alternatives.
layor Sawyer said we need to go on with the Discharge Permit. If
nyone sees Mr. Kuempel, ask him to see if he can get this
pproved.
*r. Greenwald said our application was submitted within the month
~f GUADCO and theirs has been approved. Mr. Gilmore said they
<Jot theirs because it was an emergency situation. Mr. Baldwin
asked if we had hurt ourselves by challenging Green Valley. Mr.
~ilmore said Green Valley has nothing to do with it. We were
~old the normal time on getting a permit is from nine months to
tne year.
$ayor Sawyer said Mr. Gilmore has been working very diligently on
this and will continue to do so. We will keep trying for the
~ermit and also keep trying to go with New Braunfels.
#8 ITEMS BY COUNCIL: Mr. Sharpe:
~n Kerrville Thursday the 13th to
lj>evelopment.
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A. There was a seminar
learn about Economic
l3. He said he was in Austin all week attending the TEXCEL
program. There are two other people from the Randolph Area
4lttending with about 55 people from the State. The National
bevelopment Council out of New York are conducting the program.
Mr. Baldwin: A. In reading the zoning ordinance something that
stood out was that if the P&Z recommend no, then it takes 75% of
~ouncil vote; if they vote yes, then it takes 3/4 vote of
<::ouncil.
~. The Corridor Report is to feature Schertz in the January
lissue. Does this Council really want to be featured in this
teport? Does it really help or is it used for a personal outlet
for editor ializ ing. Mr. Baldwin said he did not want to be
featured in this report. Mr. Sharpe said he has some of the same
~eelings. Mr. Sharpe recommend the Mayor send a letter to them
saying we agree to be featured but only if they do not
~ditorialize. Mr. Aguilar said at first he thought the Corridor
Report was from the Corridor Council but it is just a private
~nterprise. Mayor said he would send the letter as requested.
C. Mr. Baldwin said he is all in favor of the bond election but
~xtremely disappointed that the Council did not put FM 78 on this
r- ~ame issue. He said he feels very strongly that a lot of people
would vote for FM 78 when they would not vote for other things.
Mr. Aguilar said FM 78 improvement may come up later as Council
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still has it in mind. Mayor Sawyer said after we get this bond
going we should go ahead with FM 78.
Mr. Aguilar: Mentioned that the next workshop would fall just
before Thanksgiving and in December would fall on Christmas or
New Year's Eve. Mayor Sawyer said in the past, that had been
left to the discretion of the City Manager if one was needed.
.9 ITEMS BY MAYOR: Mr. Sawyer asked about the alley behind
Koch Street - is this an alley or easement. He said he is
getting calls about dumping trash there. The inspector wrote
people on Koch Street letter and they cleaned it up and then when
they started to fill in some holes, the owner of the Live Oak
Apartments send not to fill the holes because he wanted it there.
Mr. Gilmore was to check this out.
The people in Woodland Oaks are having a citizen's meeting and
one of the things they will discuss is traffic signs. Mr.
Gilmore said the signs are in at a cost of over $2,000 and they
should be put up the next week.
Mayor Sawyer told Mr. Gilmore that after he talked with Mr.
Solms, if they both felt it would help for him to meet with New
Braunfels Mayor, he would take time off to meet with him.
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Mayor Sawyer said he would like to get some portable signs to
place somewhere in the city about the bond election. He asked Ur '1",1
Council to see if some of the business people in town would put
something on their signs about the election, especially on FM 78.
Mr. Greenwald said if someone calls in wanting someone to make a
meeting to discuss the election, give Councilmen a call and
someone should go.
tlO ADJOURNMENT: On a motion by Mr. Baldwin, seconded by
Mr. Aguilar and 'una-nimously carried, the meeting was declared
adjourned at 9:29 p.m.
ATTEST:
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