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ccss-04-16-1979 '9 SPECIAL SESSION OF THE CITY COUNCIL APRIL 14, 1979 The Schertz City Council convened in Special Session, Saturday, April 14, 1979 at 9:00 A.M. in the Conference Room of the Municipal Complex Building, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Earl W. Sawyer; Richard L. Howe, Gail Hyatt, Walter F. Schneider; and Jack M. Stomackin Sr. Staff present: City Manager Walter W. Hill, Jr. and Asst. City Manager Hal Baldwin. #1 WORKSHOP: Council met in Budget Workshop Session with various Department Heads. #2 ADJOURNMENT: On a motion duly made, seconded and unanimously carried, the meeting adjourned at 2:10 P.M. ~r. /~.~~ Mayor, City of'S{~: Texas ATTEST: /1__<. 11.k fJLu.r.n C~etafY, Cfty of Scnertz SPECIAL SESSION OF THE CITY COUNCIL APRIL 16, 1979 The Schertz City Council convened in Special Session, Monday, April 16, 1979 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Earl W. Sawyer; Richard L. Howe,; Gail Hyatt; Walter F. Schneider and Jack Stomackin, Sr. Staff present: City Manager Walter W. Hill, Jr.; City Secretary June G. Krause, Asst. City Manager Hal Baldwin and Building Official Ron Garrison. #1 PUBLIC HEARING: Mayor Bueker opened the public hearing by explaining that the purpose was to allow citizens to be heard on two Board of Adjustment Cases. BOA Case #6 is a request by Mr. Coy Simmons for a special exception to the Zoning Ordinance 74-S-48, Article I, Section 3.1, Schedule of Heights and Area Regulations. This exception would allow Mr. Simmons to proceed with the development of a portion of the proposed Oak Forest Unit #3, changing to a lot size of 5000 square feet for garden homes. BOA Case #7 is also a request by Mr. Simmons for a special exception to the same section of the zoning ordinance, to subdivide and utilize lots in pro- posed Oak Forest Unit #4. Presently these lots qualify in area size but lack sufficient depth required by the ordinance. 10 J ,', (\ G lR ~ - i ' 1V,f)l\ Mayor Bueker then opened the discussion to the approximately 15 citizens present. None of the citizens wished to speak for or against Case #6. Case #7: Mr. Fred Martin of 4300 Lazy Oak Lane, said he was definitely against this request to change the configuration of the lot sizes, primarily because he did not want this area to be rezoned. Mr. Simmons explained this was not a rezoning request, that the area in question was already zoned residential. He was merely asking for a variance in lot shape. Don Scott, 4400 Lazy Oak Lane, Craig Pearce of 4309 Shady Oak, Bob Booth of 4212 Shady Oak and Clarence Banks 4305 Shady Oak all expressed concern regarding the unsolved drainage problems in the area and the potential flooding. On being questioned by Council on the flooding, Mr. Craig Holmig (Mr. Simmons engineer) said that engineering work would have to be done and that they would make sure they did not make the flooding worse. Mr. Simmons said that he had given 75' of land for drainage easements and that some of the water problems has been on the entrance caused by inadequate culverts. But the Highway Department and the City had worked diligently to alleviate this problem. Of course the culverts do get dammed with debris and that he had offered to give the City additional easements to help alleviate the problem. : I I There being no further discussion, Mayor Bueker declared the Public Hearing closed at 7:45 P.M. #2 ACTION CONSIDERATION: A. BOA Case #6 - special exception to the zoning ordinance to allow the developer to proceed with the development of a portion of the proposed Oak Forest Unit #3 with 5000 square foot lot sizes for garden homes. After Council discussion, Mr. Schneider moved to grant the zoning variance of BOA Case #6 for Oak Forest Unit #3. Mr. Stomackin seconded the motion with the following votes being cast: AYES: Mr. Schneider, Mrs. Hyatt (because P&Z recommend this) and Mr. Stomackin. NAYS: Mr. Howe and Mr. Sawyer. B. BOA Case #7 - request for special exception to the zoning ordinance to allow the developer to subdivide and utilitze lots in proposed Oak Forest Unit #4 with a 100 foot depth size. Mr. Schneider moved to deny BOA Case #7 in Unit #4 until drainage in that particular area is corrected and a little more specifics come up on the drainage problem in that area. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mrs. Hyatt, Mr. Schneider and Mr. Sawyer and Mr. Stomackin. NAYS: None 11 Mayor Bueker then explained that according to the City Code, the Board of Adjustments must have a majority or a 4 to 1 affirmative vote; therefore both Case #6 and Case #7 were denied. #3 WORKSHOP: Mayor Bueker recessed the meeting at 8:10 P.M. in order for the Council and citizens to move to the Conference Room for Workshop Session. #4 ADJOURNMENT: Mr. Howe moved the meeting be adjourned at 10:24 P.M. which motion was seconded by Mrs. Hyatt and unanimously carried. 4/e, ~ Mayor, City of Schertz, Texas ATTEST: ~ OJ .L~"g _ Ci~ecretar~y~o Schertz r- 1 REGULAR MEETING OF THE CITY COUNCIL APRIL 17, 1979 The Schertz City Council convened in Regular Session Tuesday, April 17, 1979 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Earl W. Sawyer; Richard L. Howe; Gail Hyatt; Walter W. Schneider and Jack Stomackin. #1 APPROVAL OF MINUTES: A. Mr. Schneider requested that the statement made by Mayor Bueker in item #8 of the minutes of the meeting of April 3, 1979, be corrected to show that Earl Johnson served two years on the Council not two terms. Mr. Schneider them moved to approve the minutes of the Regular Meeting of April 3, 1979 as amended. Mr. Howe seconded the motion which carried by the fo 11 owi ng vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin NAYS: None B. Mr. Howe moved the minutes of the Special Meeting of April 9, 1979 be approved. Mr. Sawyer seconded the motion which carried with the following vote: - I AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin NAYS: None