10-11-2022 MinutesMINUTES
REGULAR MEETING
October 11, 2022
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
October 11, 2022, 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 Allison Heyward; Councilmember Mark
Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember
Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown
City City Manager Dr. Mark Browne; Assistant City Manager Brian James; City Attorney
Staff: Daniel Santee; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary
Sheila Edmondson
Call to Order
Mayor Gutierrez called the 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 Tim Brown)
Mayor Gutierrez recognized Councilmember Tim Brown who provided the opening prayer
followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Presentations
• Schertz Emerging Leaders Program (M. Browne/S. Gonzalez)
Mayor Gutierrez recognized Ms. Sarah Gonzalez, Assistant to the City Manager, City of
Schertz. Ms. Gonzalez gave a presentation on the Schertz Emerging Leaders Program.
She provided an overview of the 8-month curriculum and pairing of participants with
mentors. Ms. Gonzalez then turned the presentation over to Dr. Mark Browne, City
Manager. Dr. Browne described the highly competitive application and selection process
and stated the program was open to all departments and designed to help employees
advance. He invited the Mayor to join him to recognize the graduates with the
presentation of certificates.
Members of the inaugural class included:
• Bryce Burch, Public Works, Street Worker I
• Will Dalrymple, Inspections, Plans Examiner
• Eric Haugen, Information Technology, Sr. Computer Support Systems
Engineer
• Megan Lagunas, Animal Services Manager
• Chad Lonsberry, Public Works, HVAC Tech I
• Demetrio Martinez, Public Works, Streets Crew Supervisor
• Michael Reed, EMS, Instructor/Paramedic
• William Sutton, Police Corporal
• Antonio Valle, Public Works, Sign Shop (absent)
Ms. Gonzalez asked all mentors to stand and be recognized.
Mentors for the program included:
• Sarah Gonzalez, Assistant to the City Manager
• Jessica Kurz, Human Resources Director
• Scott McClelland, Assistant Director of Public Works
• Tony McFalls, GIS Coordinator
• Greg Rodgers, Fire Chief
• Lauren Shrum, Parks Director
• James Walters, Finance Director
• Kathy Woodlee, Engineering Director
• Proclamation: National Planning Month (Planning Department)
Mayor Gutierrez recognized Ms. Lesa Wood, Planning and Development Director, and
presented a proclamation recognizing the month of October 2022 as National Community
Planning Month in the City of Schertz.
Ms. Wood thanked the Mayor for recognizing the Planning department. She shared the
recognition and her thanks with the City's planning team, Sam and Emily, as well as the
Planning and Zoning Commission, the City Council, and the community at large.
• Proclamation: Fire Prevention Month (Fire Department)
Mayor Gutierrez recognized members of the Fire Department and presented a
proclamation recognizing October 9-15, 2022, as Fire Prevention Week in the City of
Schertz to Fire Marshall Ben Boney.
• Fire Prevention Poster Winners (Fire Department)
Fire Marshall Ben Boney presented awards to the winners of the Fire Prevention Poster
Contest. Theme: Fire won't wait, Plan your escape. There were 73 posters submitted and
450 votes cast.
Kindergarten through 1st Grade Winners:
3rd Place: Harlee Cortinas, Kindergarten, Rose Garden Elementary
2nd Place: Steven Goralewirz, 1 st grade, Wiederstein Elementary
1 st Place: Dean Sannipoli, Kindergarten, Wiederstein Elementary
2nd and 3rd Grade Winners:
3rd Place: Audrey Deleon, 3rd grade, Sippel Elementary
2nd Place: Harper Inman,3rd grade, Schertz Elementary
1 st Place: Braxton Inman, 2nd grade, Schertz Elementary
4th Grade Winners:
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3rd Place: Xander Morgan, Paschal Elementary
2nd Place: Micelys Maldonado, Watts Elementary
1st Place: Jackson Boney, Rose Garden Elementary
Mayor's Choice Award: Braxton Inman, 2nd grade, Schertz Elementary for PacMan.
Employee Introductions
Various Department Heads introduced the following new employees from their
departments.
• Public Affairs: Caanon Gibbons - Marketing & Communications Specialist
• Police Department: Matthew DeLeon - Police Officer
■ Public Works: Fleet - Alberto Maldonado - Fleet Mechanic
• Public Works: Water - Adam Rodriguez - Service Worker
City Events and Announcements
• Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Assistant to the City Manager Sarah Gonzalez who provided
the following information:
Saturday, October 15
Love Where You Live Event
8:00 AM-4:00 PM
Aviation Heights Neighborhood
Sign -in at First Baptist Church, 600 Aero Avenue
2nd Annual Schertz Historical Preservation Committee Car Show
9:00 AM-12:00 PM
Pickrell Park
Friday, October 21
City Council Workshop
8:30 AM-11:30 AM
Council Chambers
Skylight Balloon Fest - Friday -Sunday, October 21-23
16765 Lookout Road, Selma
Complete event information can be found at www.skylightbaloonfest.com
• Friday, October 21- 5:00 PM-9:00 PM
• Saturday, October 22 - 12:45 PM-4:45 PM
• Saturday, October 23 - 7:30 AM-11:30 AM
Monday, October 24
Early Voting for the November 8, 2022, General Election begins Monday, October
24th and runs through Friday, November 4, 2022. Please check the City's website for
locations, dates, and times.
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Tuesday, October 25
Next regular scheduled Council meeting
6:00 PM
Council Chambers
• Announcements and recognitions by the City Manager (M. Browne)
Dr. Mark Browne recognized Sarah Gonzalez and Jessica Kurz for their work on
the Emerging Leaders Program. He also recognized the Planning and Fire
Departments for the work they do.
• Announcements and recognitions by the Mayor (R. Gutierrez)
No announcements or recognitions were provided by Mayor Gutierrez.
Hearing of Residents
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.
No one spoke.
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 Consent Items 1, 2, 4, and 5 into the record. Item 3 was pulled for
discussion.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
Special Meeting of September 26, 2022, and the minutes of the Regular Meeting of
September 27, 2022. (B. Dennis/S. Edmondson)
2. Ordinance No. 22-5-36- Consideration and/or action on a request to rezone
approximately 20 acres of land to Planned Development District (PDD), the
properties, a portion of Parcel ID 67955, approximately 4.2 acres of land, generally
located southeast of Archer Pass and Winkler Trail, a portion of Parcel ID 67955,
approximately 4.5 acres of land, generally located 1,100 feet southeast of Archer Pass
and Winkler Trail, and a portion of Parcel ID 112888, approximately 11 acres of land;
generally located 2,900 feet southeast of the intersection of Homestead Parkway and
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Hartley Square, City of Schertz, Guadalupe County, Texas. Final Reading (B. James
/L. Wood /E. Delgado)
3. Resolution No. 22-R-119 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas authorizing a Cooperation Agreement
with the Texas Home Collaborative. (M. Browne/B. James)
Mayor Gutierrez stated for the record that Councilman Michael Dahle had stepped
down from the dais. Councilmember Dahle is the owner of the property in question,
so recused himself from the discussion and had previously signed an affidavit
regarding the conflict of interest form.
4. Resolution No. 22-R-99 - Consideration and/or action to approve Resolution
22-R-99 updating the fee schedule for FY 2022-23 to waive certain fees within the
Main Street Empowerment Zone. (M. Browne/B. James)
5. Resolution No. 22-R-102 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas authorizing Subdivision Improvement,
Reimbursement and Capital Recovery Offset Agreements with Schertz 1518, Ltd. (M.
Browne/B. James)
Mayor Gutierrez stated item 3 would be removed for separate action and asked
Council if there were any additional items they wished removed for separate action.
No other items were removed.
Mayor Gutierrez asked for a motion to approve Agenda Items 1, 2, 4, and 5.
Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember
Michael Dahle
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
Discussion and Action Items
Mayor Gutierrez stated that they will discuss Item 3 after Item 6.
6. Resolution No. 22-R-118 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas adopting a policy regarding Public
Improvement Districts (PIDs). (M. Browne/B. James)
Mayor Gutierrez read the following into record:
RESOLUTION NO.22-R-118
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ADOPTING A POLICY REGARDING THE CREATION OF PUBLIC
IMPROVEMENT DISTRICTS (PIDs), AND RELATED MATTERS IN
CONNECTION THEREWITH
Mayor Gutierrez recognized Assistant City Manager Brian James who gave a brief
presentation to Council on the standardization of a policy for PIDs.
A PID is an economic development tool whereby a geographical area is designated as
such which allows an additional assessment to be established for that property. That
assessment is used to fund infrastructure for that property. This resolution is for the
establishment of a policy.
Councilmember Whittaker asked which entity usually requests a PID. Mr. James
responded that they are usually requested by a developer on behalf of a property
owner, but can be the owner of the property if they are developing the property on
their own. Further clarification was requested regarding the role of residents. Mr.
James explained that if there are residents living on the property they have a say in
whether a PID is established. Future owners of the property are informed of the PID.
Councilmember Whittaker asked for clarification on Section 8 regarding absence of
an amount designated as a maximum assessment for a PID that would be allowed.
Mr. James explained the concern was not allowing the assessment to be too large. We
need to keep the PID amount flexible to ensure Schertz remains competitive, we don't
want to price ourselves out of the market.
Councilmember Brown elaborated on the State regulations regarding PIDs and the
administration of it by the county appraisal district. Stated he supported the use of
PIDs, great tool to have, and appreciates the work done on the establishment of the
policy.
Councilmember Dahle stated Council had asked for this policy a year ago and
appreciated the work that went into its development.
Mayor Gutierrez asked for any additional comments and requested a motion to
approve Resolution 22-R-118.
Moved by Councilmember Tim Brown, seconded by Mayor Pro-Tem Allison
Heyward
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
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3. Resolution No. 22-R-119 - Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing a Cooperation
Agreement with the Texas Home Collaborative. (M. Browne/B. James)
Mayor Gutierrez stated for the record that Councilman Michael Dahle had stepped
down from the dais. Councilman Dahle is the owner of the property in question, so
recused himself from the discussion and had previously signed an affidavit
regarding the conflict of interest form.
Mayor Gutierrez read the following into record:
RESOLUTION NO.22-R-119
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A COOPERATION AGREEMENT WITH THE
TEXAS HOME COLLABORATIVE, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Gutierrez asked for a motion to approve Resolution No. 22-R-119.
Moved by Councilmember Tim Brown, seconded by Mayor Pro-Tem Allison
Heyward
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember David Scagliola,
Councilmember Tim Brown
Passed
7. Ordinance No. 22-S-41- Conduct a public hearing and consideration and/or action on
a request to rezone approximately 15 acres of land from Pre -Development District
(PRE) to Planned Development District (PDD), generally located approximately
2,200 feet southeast of the intersection of Lower Seguin Road and FM 1518, also
known as Bexar County Property Identification Number 309997 and 309999, City of
Schertz, Bexar County, Texas. First Reading (B. James / L. Wood / E. Delgado)
Mayor Gutierrez stated for the record that Councilman Michael Dahle had stepped
down from the dais Councilman Dahle is the owner of the property in question, so
recused himself from the discussion and had previously signed an affidavit regarding
the conflict of interest form.
Mayor Gutierrez read the following into record:
ORDINANCE NO.22-S-41
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY
REZONING APPROXIMATELY 15 ACRES OF LAND TO PLANNED
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DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED 2,200
FEET SOUTHEAST OF THE INTERSECTION OF LOWER SEGUIN
ROAD AND FM 1518, ALSO KNOWN AS BEXAR COUNTY
PROPERTY IDENTIFICATION NUMBERS 309997 AND 309999,
BEXAR COUNTY, TEXAS.
Mayor Gutierrez recognized Assistant City Manager Brian James who explained
that the rezone was to designate the property as a Planned Development District
(PDD) for multi -family project. Staff recommended approval stating we want to
be a community that is sustainable and that requires a mix of housing options.
Concerns regarding the impact on infrastructure have been addressed. Council
has approved the Woman Hollering to address the water/waste water concerns,
funding has been approved by Council and residents of Schertz to
improve FM1518 and to build Fire Station 4. Development has to happen before
infrastructure improvements occur.
Mayor Gutierrez opened the public hearing to the residents:
Ms. Jennifer Pugh, 8914 Stage Stem, concern 1.6 parking spaces for each
apartment, where will excess cars park. Will they park on residential streets?
Mr. Todd Bishop, 8926 Green Grant, timing of the infrastructure. Estimated
completion date for FM1518 is TBD. Construction to begin 5-10 years.
Recommended allowing open discussion with public.
Mr. Robert Marks, 12245 Forbach Drive, not opposed to the project. Location
is confusing because the area isn't built up enough for lower income families,
only thing available is Dollar General, there are no grocery stores, no public
transportation in this area. Emergency response time will be delayed due to
rapidly growing neighborhoods without the infrastructure support.
Ms. Aubrey Dahle, 9120 E FM1518 N, this issue has been under discussion
through Planning and Zoning and brought forward through City Council
previously. Property owner feels it is not up to anyone else to decide what is
done
Ms. Anika Dahle, 9120 E FM1518 N, owns cattle that often get out of the
property onto public road which is safety hazard for the cows as well as drivers
and passengers on the road.
Mr. Wayne Ashebrenner, 1200 N Old Bastrop Road, San Marcos, Tx, Broker
handling the sale of this property. Reached out to Chris Price. Exhaustive
meetings throughout the past several months to allow public discussion one
hosted by Councilmember Whitaker. This is not low income housing, it is
workforce housing. Timing is good.
Ms. Karen Dahle, owner of 9120 E FM1518, property in question. Texas
provides landowner rights to do with their land as they want. Went through the
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process, had experts come in to help, talked to neighbors, wants the right to sell.
Ms. Angela Sherrad 8915 Sage Stem, lives directly behind property in question.
Social worker who has dealt with families in multifamily housing, concern with
the traffic, took 30 minutes to get to teh intersection of I-10 and FM1518,
concern with legal issues no police officers in the area, takes 15 minutes so will
take police officers that long or longer during periods of heavy traffic to respond
very concerned that crime will go up in the area.
Mr. Gerald Baldridge, 9323 Winding Bloom, purchased their home and had to
agree to restrictions, so property owners don't just get to do what they want.
Concerned with crime rate going up. Concerned with the children in the schools
in the area. Impressionable kids at an impressionable age. Police response time
will be delayed. Would like to see studies on how this type of development has
on the schools.
Mayor Gutierrez closed public hearing and recognized the developer to address
concerns expressed by the individuals that spoke. Jason Arechiga, 22603 Impala
Bend, San Antonio, with the NRP Group, provided a summary of the planned
project. They construct and manage the units. Not problem free. Good record
of keeping track, zero tolerance of felonies, criminal and credit background
checks are done, they worked extensively with the Schertz Housing Authority.
Designed to be a community that protects the residents. Gated property with 300
units mix of 1-4 bedroom units, 1.72 parking spaces, and they plan to provide
transportation to residents. Offer many residential services to create and enhance
the community.
Mayor Gutierrez opened to the Council for discussion.
Councilmember Davis open comment with his biggest concern being the timing
of the development with the infrastructure improvements. FM1518 is funded,
utility relocation being done, issue with Right of Way with Randolph AFB. Mr
James stated that TXDOT has an alternative plan if they are unable to secure the
ROW. He reiterated that there is little doubt that the development will begin
before FM1518 is complete. Development and growth around us will not stop
and will impact the traffic on FM1518.
Councilmember Whitaker stated that a lot of information gathering has occurred
over the past few months. She asked several questions related to the
management of the development. Leading with whether residents were required
to show some sort of income, to which Mr. Arechiga responded affirmatively.
He also stated that the Schertz Housing Authority would be a full partner and
have full say in the occupancy requirements. She also asked how occupancy per
unit would be managed? Mr. Arechiga responded with bi-annual inspections,
maintenance reviews, being vigilant by seeing whose coming and going.
Violations will be addressed. Councilmember Whitaker asked how many staff
would be on site? Mr. Arechiga stated a manager, assistant manager, two leasing
agents, two maintenance personnel, and roving staff who might work at multiple
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locations. Councilmember Whitaker also expressed concerns with issues that
arose at other properties managed by the NRP Group and asked how these issues
would be averted at the development planned for Schertz. Councilmember
Whitaker closed her comments with the timing, home market. values, planned
infrastructure improvements, and school. Hopes that residents do feel that their
concerns have been heard.
Councilmember David Scagliola questioned the validity of some of the issues
that are being brought to his attention. He expressed the responsibility of
resolving issues with the residents falls to the developer. It is not his
responsibility. Doesn't believe resolution has been met which makes his job
easier.
Councilmember Tim Brown growth is happening faster than imagined. Not a
standalone unit in the middle of the field. Everyone wants rural surroundings,
but private property rights belong to the owner. Schools are ready. TXDOT is
planning ahead for the growth. Schertz has no control over the road construction
or the timing of it. More propensity for increased crime for the planned 3,000
single residences than a 300 unit multi -family community.
Mayor Pro-Tem Heyward addressed the issue of workforce housing. Many
cities are dealing with the same issue. We must provide housing that our lower
wage employees can afford.
Mr. James added that the Planning and Zoning Commission approved this action
with a vote of 6-0 at their last meeting.
Mayor Gutierrez asked for a motion to approve Ordinance 22-S-41.
Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Tim
Brown.
AYE: Councilmember Mark Davis, Councilmember Jill Whitaker, Mayor
Pro-Tem Allison Heyward, and Councilmember Tim Brown.
NAY: Councilmember David Scagliola
Motion passed 4-1.
Roll Call Vote Confirmation
Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who provided roll call
confirmation on Consent Agenda Items 1, 2, 4 and 5, and Agenda Items 3, 6-9.
Closed Session
Mayor Gutierrez recessed into Closed Session at 8:24 p.m.
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8. City Council will convene in closed session pursuant to Section 551.071 of the Texas
Government Code, to seek the advice of legal counsel on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open
Meetings Act; to wit:
A. The terms and conditions of the franchise agreement between CPS Energy
and the City
B. The Preliminary Investigative Report of a personnel investigation conducted
by the City Attorney
9. City Council will convene in closed session pursuant to Section 551.074 of the Texas
Government Code, to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, or to
hear a complaint or charge against an officer or employee; to wit:
A. Discussion, update and direction on the search for an appointment of a new
city manager
B. City Secretary Brenda Dennis
Reconvene into Regular Session
Mayor Gutierrez reconvened the meeting at 10:11 p.m.
10. Take any action based on discussions held in Closed Session under Agenda Item 8A.
No action required.
11. Take any action based on discussions held in Closed Session under Agenda Item 8B.
No action required.
12. Take any action based on discussions held in Closed Session under Agenda Item 9A.
No action required.
13. Take any action based on discussions held in Closed Session under Agenda Item 9B.
No action required.
Roll Call Vote Confirmation
No roll call necessary.
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Discussion and Action Items
14. Consideration and/or action on the acceptance of City Secretary Brenda Dennis'
retirement paperwork.
Mayor Pro-Tem Heyward made a motion to accept City Secretary Brenda Dennis'
retirement effective October 11, 2022. Seconded by Councilmember Whittaker.
Moved by Mayor Pro-Tem. Allison Heyward, seconded by Councilmember Jill
Whittaker
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Tim Brown
NAY: Councilmember David Scagliola
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who provided roll call
for Item 14.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
15. November 8, 2022, Notice of Election - Bexar, Comal and Guadalupe
Counties Early Voting and Election Day Vote Center Information. (B.
Dennis/Mayor-Council)
Requests and Announcements
• Announcements by the City Manager.
No further announcements.
. Requests by Mayor and Councilmembers for updates or information from Staff.
Councilmember Scagliola asked ACM Brian James to look into the heavy trucks using
Copperas Cove as a thorough fare to Homestead subdivision.
. Requests by Mayor and Councilmembers that items or presentations be placed on a future
City Council agenda.
Councilmember Scagliola would like to discuss parkland dedications and views on linear
parks.
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■ Announcements by Mayor and Councilmembers
Mayor Pro-Tem Heyward attended the TML Board Meeting and TML Annual
Conference.
Councilmember Davis attended the TML Annual Conference.
Councilmember Whittaker attended the TIRZ Board Meeting and attended National
Night Out events.
Councilmember Dahle attended National Night Out events.
Councilmember Scagliola attended National Night Out Events and attended the TML
Conference.
Councilmember Brown attended National Night Out Events attended the TML
Conference.
Adjournment
Mayor Gutierrez adjourned the meeting at 10:18 p.m.
A 1ph G ierrez, Mayor
ATTES
Sheila dmondson, Deputy City Secretary
'w'-ft
*•%
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