12-01-2020 MinutesMINUTES
REGULAR MEETING
December 1, 2020
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on December 1, 2020, 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:
Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Rosemary Scott; Councilmember
Mark Davis; Councilmember Jill Whittaker; Councilmember Michael Dahle;
Councilmember David Scagliola; Councilmember Allison Heyward;
Councilmember Tim Brown
City City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City
Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez;
Deputy City Secretary Gayle Wilkinson
Call to Order - Regular meeting
Mayor Gutierrez called the regular meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and
State of Texas. (Councilmember Scagliola)
Councilmember Scagliola provided the opening prayer followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Presentation
® Fundraiser donation presentation from the Scenic Hills Subdivision to our first
responders in Schertz. (C. Kelm/J. Mabbitt/B. Hill) Christin Taylor - Pat
McMaster - Carol Najarian from Scenic Hills)
Members from the Scenic Hills Subdivision came forward and explained their
recent fundraising event and presented the following proceed checks:
• Police Department $400.00
EMS Department $600.00
• Fire Department $400.00
* Citizen Life Saving award. (C. Kelm/K. Long)
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Mayor Gutierrez recognized Fire Chief Kade Long who came and provided the
following comments:
We are here is this evening to recognize a worker from First Street Assisted
Living Center: Ms. Leslie Barrientes
Early in the morning of October 26, 2020, we had a fire alarm call come in at
0449 at the First Street Assisted Living Center from an alarm monitoring
company. Our dispatchers quickly elevated this call to a structure fire which
added additional fire engines. When Quint 1 and Battalion Chief arrived, they
found smoke pouring out the front door and a window to the left of the front
door. The Battalion Chief was quickly able to ascertain from Ms. Barrientes that
all the residents were accounted for outside the building upon our crew's arrival.
This allowed our fire crews to concentrate on the stopping the fire spread instead
of searching the building for residents. Our fire crews were able to pull a fire line
into the room where the fire had started, which was that room to the left of the
front door and finish putting out the fire. The sprinkler system had also activated
which assisted in keeping the fire from growing rapidly or spreading from the
room of origin. I would certainly commend our fire crews for their quick work of
this fire as well as the high - quality customer service that they provided. The Fire
Marshal and Asst Fire Marshal arrived on scene shortly after to investigate the
cause of the fire. Our firefighters then carried some of the burned and wet items
outside and mopped up the floor so that we could get all the residents back inside.
Now, for the reason we are here. As we started gathering information one thing
that quickly become apparent was the heroic actions of Ms. Barrientes. As I had
mentioned earlier, everyone was outside the building when our Firefighters
arrived. We discovered that when the fire alarm had sounded Ms. Barrientes was
making sure everyone was up and getting out of the building. Then, recognizing
that one of the resident's doors was not open she went to open the door but was
unable to get it opened. Ms Barrientes acted quickly and without hesitation. She
grabbed a chair and ran outside and broke the window and assisted the resident in
getting out to safety. Her quick actions undoubtedly saved lives early this October
morning.
Mayor Gutierrez and Fire Chief Kade Long presented Ms. Leslie Barrientes with
a plaque for her lifesaving act.
Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to
participate in Residents to be Heard, should email their comments to City
Secretary, Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on Monday,
November 30, 2020 , SO THAT THE CITY SECRETARY MAY READ THE
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PUBLIC COMMENTS INTO THE RECORD UNDER THE HEARING OF
RESIDENTS. In the body of the email please include your name, your address,
phone number, agenda item # if applicable or subject of discussion, and your
comments.
This time is set aside for any person who wishes to address the City Council. Each
person should fill out the speaker's register prior to the meeting. Presentations should
be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks
while addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements
of specific factual information given in response to any inquiry, a recitation of existing
policy in response to an inquiry, and /or a proposal to place the item on a future
agenda. The presiding officer, during the Hearing of Residents portion of the agenda,
will call on those persons who have signed up to speak in the order they have
registered.
Mayor Gutierrez recognized the following who spoke regarding Law Enforcement,
police accountability, and the recent police violence:
• Michele Terelesky, 705 Marilyn, Schertz
• Sandra Kearns, 416 Eagle Flight, Cibolo
• Dana Eldridge, 2628 Gallant Fox Dr., Schertz
• Soctt Titterington, 5325 Storm King, Schertz
• Sandra Dieckhoner, 5005 Timber Springs, Schertz
• Josey Garcia, 147 Amber Knoll, San Antonio
• Brenda Pacheco, 218 Bean, San Antonio
• Jack Miller, 4839 Dick Gordon, San Antonio
Mayor Gutierrez provided the following comments:
Thank you, for sharing your views, we value your input. All sides of the spectrum
have been presented during the Hearing of Residents. Everyone will have their own
thought - provoking interpretation of the incident, dissenting opinions have value.
This Council is listening. Those on one side will reason with the other side. And vice
verse. Those, in the middle (my regrets) will receive it from both sides. Trying to
persuade you to see it their way. Everyone has one common goal JUSTICE! This is
what everyone is seeking.
Now I ask you?
It is fair to demand immediate action, when the process has not been completed. This
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process will take some time. How long? I don't Know
I Know - Patience is tough and patience bitter, but patience is also a key element to
JUSTICE. For you see democracy cannot flourish when there is hate. Justice can not
be served when there is rage.
City Events and Announcements
*Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Brian James who provided
the following information on the upcoming events:
Thursday, December 3rd
"Deck the City Hall" Event
6:00 PM
Hal Baldwin Municipal Complex
In addition to the traditional Holiday tree lighting, we will be lighting the Hal
Baldwin Municipal Complex! Enjoy live music, a craft, and hot cocoa.
Saturday, December 5th
Holidazzle Event sponsored by Schertz Parks and Recreation
Breakfast with Santa sessions at 8:00 AM, 9:30 AM, and 11:00 AM — Space is
limited and tickets are $10.00 each. Call the Parks & Recreation Office at
210 - 619 -1850 for more information.
Kris Kringle Market from 9:00 AM — 4:00 PM
Holiday Hoopla ice skating rink, giant snow globe, Mt. Schertz snow hill, and
snow angel play area from 2:00 PM - 8:00 PM
Holly Jolly Entertainment begins at 3:00 PM on the outdoor stage. Fireside
Toasting & Roasting food trucks available for special treats!
Festival of Angels lighted night parade along Schertz Parkway and Main Street
beginning at Pickrell Park at 6:00 PM and concluding at Community Circle Drive.
Social distancing will be encouraged and masks are required.
Tuesday, December 8th
Last regular Council Meeting for 2020
6:00 PM
Council Chambers
Wednesday, December 9th
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City Council Special Workshop
6:00 PM
Civic Center Bluebonnet Hall
Workshop to address concerns regarding the chip seal project completed as part
of the 2018 SPAM program.
. Announcements and recognitions by the City Manager (M. Browne)
None were provided.
Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez stated he would like to thank Mike Patrick and Harmon BBQ for
the Give Back Thanksgiving Dinner. Thank you sponsors and volunteers for your
contribution to the success of this year's event. Over 1000 meals were served that
is quite an accomplishment.
Congratulations to our City Secretary Brenda Dennis recognize by the Texas
Municipal Clerks for her outstanding record management systems.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request of the Mayor or a Councilmember.
Mayor Gutierrez read the following items:
1. Minutes — Consideration and /or action regarding the approval of the minutes
of the Regular meeting of November 10, 2020, and the minutes of the Special
meeting of November 16, 2020. (B. Dennis)
2. Resolution No. 20 -R -139 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas approving
requests for Schertz Main Street Local Flavor Economic Development Grants
for 539 and 820 Main Street. (B. James)
3. Ordinance No. 20 -S -37 - Consideration and/or action upon a request to
amend the Comprehensive Land Use Plan by changing approximately 40 acres
of the Future Land Use Map from the Estate Neighborhood and Agricultural
Conservation land use designations to the Single - Family Residential land use
designation, generally located approximately 4,000 feet east of the intersection
between FM 1518 and Lower Seguin Road, also known as Bexar County
Property Identification Numbers 310024 and 310031, City of Schertz, Bexar
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County, Texas.Final Reading (B. James/L. Wood/ N. Koplyay)
4. Ordinance No. 20 -K -35 - Consideration/or action upon an Ordinance
requesting to close and abandon to the abutting property owners a portion of
Urban Lane Right -of -Way between Live Oak Hills Subdivision Lot 1, Block
55 (Guadalupe County Property ID: 32206) and Live Oak Hills Subdivision
Lot 18, Block 54 (Guadalupe County Property ID: 32205); and establishing an
effective date hereof. Final Reading (B.James/L. Wood/E. Delgado)
5. Resolution 20 -R -140 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas, awarding a professional
services contract to Avant Strategic Partners for required bond arbitrage
calculations and filing. (B. James /J. Walters)
6. Resolution No. 20 -R -119 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with AGICM Inc. in an amount not to exceed $32,663 for the
construction management of the Schertz Pedestrian Routes & Bike Lanes
Project and the Live Oak Road Turn Lane Addition. (B. James/L. Shrum)
7. Resolution No. 20 -R -118 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with D &S Concrete, in the amount of $1,256,960.95 for the
construction of the Schertz Pedestrian Routes & Bike Lanes Project and the
Live Oak Road Turn Lane Addition. (B. James/L. Shrum)
8. Resolution No. 20 -R -134 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing the
City Manager to enter into a lease agreement with Stryker Flex Financial for
the acquisition of sixteen (16) Stryker Life Pak monitor /defibrillators,
associated equipment and service plan. (C. Kelm/J. Mabbitt)
Mayor Gutierrez asked Council if there were any items to be removed from
Consent for separate action. Mayor Gutierrez recognized Councilmember
Scagliola who requested agenda item 3, Ordinance No. 20 -S -37 be removed
for separate action, and Mayor Gutierrez recognized Councilmember
Whittaker who requested agenda item 2, Resolution No. 20 -R -139 be removed
for separate action.
Moved by Councilmember Michael Dahle, seconded by Councilmember
Mark Davis to approve consent agenda items 1, and 4 through 8.
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AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
The following were read into record:
2. Resolution No. 20 -R -139 - Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas approving requests for Schertz Main
Street Local Flavor Economic Development Grants for 539 and 820 Main Street. (B.
James)
Mayor Gutierrize recognized Assistant City Manager Brian James who addressed
Councilmember Whittaker's questions regarding landscaping and why the look will be
changing.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Tim Brown to approve Resolution No. 20 -R -139.
AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
3. Ordinance No. 20 -S -37 - Consideration and/or action upon a request to amend
the Comprehensive Land Use Plan by changing approximately 40 acres of the Future
Land Use Map from the Estate Neighborhood and Agricultural Conservation land use
designations to the Single- Family Residential land use designation, generally located
approximately 4,000 feet east of the intersection between FM 1518 and Lower Seguin
Road, also known as Bexar County Property Identification Numbers 310024 and
310031, City of Schertz, Bexar County, Texas. Final Reading (B. James/L. Wood/ N.
Koplyay)
Mayor Gutierrez recognized Councilmember Scagliola who stated that he had voted
no on this item and should not have been a consent item. He stated that in addition to
the unanimous disapproval by Planning and Zoning Commission he voted no on his
own concerns, and will likely do so again. His message is really to the Planning and
Zoning Commission, we recognize what you do, and it really isn't an easy job and is
greatly appreciated. Don't let the approval of this item discourage you and certainly do
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not take it out of context. There is a lot of things happening in our City and within our
Planning and Zoning Department and this just maybe an anomaly. He is sure that
they will get to the bottom of it in the very near future and find a strategy to move
forward.
Moved by Councilmember Michael Dahle, seconded by Councilmember
Jill Whittaker to approve Ordinance No. 20 -S -37 on final reading.
AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
NAY: Councilmember David Scagliola
Passed
9. Ordinance No. 20 -T -38 - Consideration and /or action approving an
Ordinance by the City Council of the City of Schertz, Texas, authorizing an
adjustment to the fiscal year 2020 -2021 budget, repealing all Ordinances or
parts of Ordinances in conflict with this Ordinance; and providing an effective
date. First Reading (M. Browne/B. James /J. Walters)
Mayor Gutierrez recognized Finance Director James Walters who introduced
this item addressing questions from Council.
Moved by Councilmember Mark Davis, seconded by Councilmember
Allison Heyward to approve Ordinance No. 20-T-38 on first reading.
AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
10. Resolution 20 -R -141 - Consideration and/or action approving a Resolution
adding Christmas Eve to the City's Holiday Schedule and authorizing
Education Pay for Eligible Full -Time City Employees. (C. Kelm/J. Kurz)
Mayor Gutierrez recognized Director of Human Resources & Purchasing
Jessica Kurz who introduced this item addressing questions from Council.
Moved by Councilmember David Scagliola, seconded by Councilmember
Michael Dahle to approve Resolution No. 20 -R -141.
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AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Public Hearings
11. Ordinance No. 20 -S -41 - Conduct a public hearing, consideration and/or
action upon a request to rezone approximately 0.35 acres of land from
Neighborhood Services District (NS) to Main Street Mixed Use District
(MSMU), located at 603 Main Street, City of Schertz, Guadalupe County,
Texas. First Reading (B. James/L. Wood/N. Koplyay).
Mayor Gutierrez recognized Planner 1 Nick Koplyay who provided a
PowerPoint presentation regarding this item.
Mayor Gutierrez stated this was a public hearing and opened the public
hearing for those wishing to speak on this item. As no one spoke, Mayor
Gutierrez closed the public hearing for Council comments. No Council
comments were provided.
Moved by Councilmember Tim Brown, seconded by Councilmember
Mark Davis to approve Ordinance No. 20 -5 -41 on first reading.
AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
12. Ordinance No. 20 -5 -42 - Conduct a public hearing, consideration and/or
action upon request to rezone approximately 0.35 acres of land from General
Business District (GB) to Main Street Mixed Use District (MSMU), located at
539 Main Street, City of Schertz, Guadalupe County, Texas. First Reading
(B. James/L. Wood/N. Koplyay).
Mayor Gutierrez recognized Planner 1 Nick Koplyay who provided a
PowerPoint presentation regarding this item.
Mayor Gutierrez stated this was a public hearing and opened the public
hearing for those wishing to speak on this item. As no one spoke, Mayor
Gutierrez closed the public hearing for Council comments. No Council
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comments were provided.
Moved by Councilmember Michael Dahle, seconded by Councilmember
Allison Heyward to approve Ordinance No. 20 -S -42.
AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
13. Ordinance No. 20 -S -40 - Conduct a public hearing, consideration and/or
action upon a request for a Specific Use Permit to allow the `Commercial
Amusement, Outdoor' land use on approximately 17.5 acres of land, located
at 18658 Interstate Highway 35 N, City of Schertz, Guadalupe County, Texas,
also known as Wiederstein Ranch Lot 1, Block 1.First Reading (B. James/L.
Wood/N. Koplyay)
Mayor Gutierrez recognized Planner 1 Nick Koplyay who provided a
PowerPoint presentation regarding this item.
Mayor Gutierrez stated this was a public hearing and opened the public
hearing for those wishing to speak on this item.
Mayor Gutierrez recognized Mr. Dana Eldridge, 2628 Gallant Fox Drive, who
spoke in favor of the item, but concerns with the condition of Old Wiederstein
Road and need for repair as more traffic will come from this new event. As no
one else spoke, Mayor Gutierrez closed the public hearing for Council
comments.
Staff members Nick Koplyay and Assistant City Manager Brian James
addressed questions from Council.
Moved by Councilmember Tim Brown, seconded by Councilmember
David Scagliola to approve Ordinance No. 20 -S -40 on first reading.
AYE: Mayor Pro-Tern Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
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14. Ordinance No. 20 -T -39 - Conduct a public hearing, consideration and/or
action upon an Ordinance to extend the term of the Tax Increment Financing
Reinvestment zone No. 2 (Sedona/Crossvine) and expand the boundaries.
First Reading (B. James)
Mayor Gutierrez recognized Assistant City Manager Brian James who
introduced this item. Mayor Gutierrez stated this was a public hearing and
opened the public hearing for those wishing to speak on this item. As no one
spoke, Mayor Gutierrez closed the public hearing for Council comments.
Moved by Councilmember Tim Brown, seconded by Councilmember
David Scagliola to approve Ordinance 20 -T -39.
AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
vote confirmation for agenda items 1 through 14.
Workshop
15. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and
update regarding the COVID-19 virus and our current Ordinance No. 20 -H -18 Declaration
of Local Disaster. (M. Browne/K. Long /S. Hall)
Mayor Gutierrez recognized Emergency Management Coordinator Summer Hall who
provided Council with the latest information regarding current numbers on active cases of
COVID -19 in Guadalupe, Bexar, and Comal counties as well as fatality rates. EMC
Summer Hall gave specifics on the breakdowns for surrounding areas, schools, daily state
counts, and hospitalization rates. Ms. Hall addressed comments and questions from Council.
16. City Council Liaison Appointments - Discussion and possible action
regarding various City Council liaison appointments. (Mayor /Council/B.
Dennis)
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided a
brief history on the annual choosing of the liaison appointments from Council
and filling any vacancies due to the recent election. Mayor
Gutierrez provided each Councilmember an opportunity to voice their desires
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for the liaison positions. The positions are as follows:
* Councilmember Rosemary Scott - Interview Committee for Boards and
Commissions and Schertz Animal Services Advisory Board.
Councilmember David Scagliola - Cibolo Valley Local Government
Corporation - Alternate; Hal Baldwin Scholarship Committee; Interview
Committee for Boards and Commissions; and Schertz- Seguin Local
Government Corporation.
Councilmember David Scagliola proposed Council create a position for a
liaison with the Schertz Senior Center. City Secretary Brenda Dennis stated
she would sit down with the YMCA and discuss the proposed liaison position
and would bring it back to council as a future agenda item.
• Councilmember Mark Davis - Interview Committee for Boards and
Commissions; Main Street Committee - Chair; Schertz Housing
Authority Board; and TIRZ H Board.
Councilmember Allison Heyward - Audit Committee; Investment
Advisory Committee; and Main Street Committee.
Councilmember Tim Brown - Main Street Committee
and Schertz- Seguin Local Government Corporation - alternate.
Councilmember Michael Dahle - Cibolo Valley Local Government
Corporation; Interview Committee for Boards and Commissions; and
TIRZ H Board.
Councilmember Jill Whittaker - Audit Committee.
Councilmember Jill Whittaker expressed a desire to be on the TIRZ II Board.
Assistant City Manager Brian James stated there were set spots on that board,
and they would have to bring back an item to increase the board members or
there was also a possibility of replacing one of the two members whose terms
were up at the end of this month. City Secretary Brenda Dennis stated she
will look into the positions open with the TIRZ II Board.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez mentioned that items 17 and 18 were informational items and the
information was provided to Council as well as available to the public.
17. Update on Utility Billing Operation Changes. (B. James /J. Walters)
18. Update on Scope and Philosophy of the Comprehensive Plan and UDC
Update. (B. James)
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Requests and Announcements
. Announcements by the City Manager.
• Requests by Mayor and Councilmembers for updates or information from staff.
No requests were given.
• Requests by Mayor and Councilmembers that items or presentations be placed on
a future City Council agenda. No items requested.
• Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
o Recognition of actions by City employees
• Recognition of actions by community volunteers
No announcements were provided.
Adjournment
Mayor Gutierrez adjourned the meeting at 7:59 p.m. _
i
alp utierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
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