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ccss-01-17-1980 118 SPECIAL MEETING OF THE CITY COUNCIL JANUARY 17, 1980 The Schertz City Council convened in Special Session, Thursday, January 17, 1980 at 7:00 P.M. in the Conference Room of the Municipal Complex Building, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Richard L. Howe; Gail Hyatt; Walter F. Schneider; Earl W. Sawyer and Jack M. Stomackin. Staff present: City Manager Jimmy G. Gilmore and City Secretary June G. Krause. Mayor Bueker called the meeting to order and asked to discuss item #2 first so that the citizens present wou1dn't have to sit through the workshop unless they wished to do so. He then excused himself from the meeting as he had a personal interest in the item to be discussed. Mayor Pro Tern Earl W. Sawyer chaired the meeting for this item. #2 ZONING CASE #22: Mr. Sawyer read a statement as clarification of the action taken at the meeting of January 15th as follows: liThe vote of the Counci 1 was 3 to 2 to not accept the recommen- dation of the Planning & Zoning Commission, that recommendation being to not rezone the property in question. Clarification was called for by polling the Council individually to determine the intent of their vote. rrnent was estab 1 i shed that three of the Council voted to have the property rezoned. Two of the Council voted not to have the property rezoned. Because there was a question of interpretation of law brought forth, research into this question was ordered. The result of this research is that Article 1011 e of the Revised Civil Statutes of the State of Texas requires a favor- able vote from 3/4 of all members of the Council. It has been determined that the lack of a 3/4 vote of the Council to rezone voids the rezoning of the property at this time. Ordinance No. 79-S-15, paragraph 4.8, page 31, the adopted zoning ordinance of the City, states that an application f0r rezoning of this property shall not again be considered until after the expiration of 12 months.1I He than stated that the zoning ordinance was in error when it states a favor- able vote of the Council is necessary rather than the 3/4 vote as require in the statutes. He assured the audience that the attorney had read the ordinance before adoption but that it would be gone over again for errors. -- I Mayor ~u~er was then called back into the room and resumed chairmanship of the meeting. #1 HORKSHOP: The City Manager introduced Mr. Hicks, Mr. Hankin and Mr. Keresztury, the VA inspectors he had contacted to do the City inspections in the absence of a City Inspector. Council dis- cussed with these men the types of inspections desired, saying they desired a middle of the road inspection rather than being too strict. The inspectors suggested not giving either electric or water and sewer service until a final inspection has been made and approved. These men suggested the need for the following listed inspections to be included in the cost of the permits: (1) sewer (proper fall and backfill) 119 (2) foundation, prior to pouring; (3) prior to insulation (4) insulation inspection; (5) flatwork and (6) final. Their interpretation of remodeling is when electric, gas or plumbing is involved. Council discussed the need for incorporation of inspections on the forms themselves and that all. areas of the code that deals with Building Official needs to be changed, among other areas of change needed. #3 ADJOUffi~MENT: On a motion by Mr. Schneider, seconded by Mr. Howe and unanimously carried, the meeting adjourned at 9:45 P.M. ~~~/ ATTEST: Mayor, City of Schertz, Texas c~ryM%~~rTz- SPECIAL MEETING OF THE CITY COUNCIL JANUARY 22, 1980 The Schertz City Council convened in Special Session, Tuesday, January 22, 1980 at 7:02 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Rebert C. Bueker, presid- ing; Richard L. Howe; Walter F. Schneider; Earl W. Sawyer and Jack Stomackin. Staff present: City Manager Jimmy G. Gilmore and City Secretary June G. Krause. Absent: Gail Hyatt. #1 Authorization to abandon easement and authority to accept new easement for 20" water main. After studying the proposed easement and discussion of same, Mr. Schneider moved to table item ill until the Council can get more information on the easements. Mr. Sawyer seconded the motion which carried with the following vote: \ . AYES: NAYS: Counci 1 members Howe" None ; Schneider, Sawyer and Stomackin dl-~t> #2 WORKSHOP: Council to discuss water system improvements and bonding with the Financial Advisor, City Attorney and Engineer. At the request of the Financial Advisory, Mayor Bueker called an Executive Session at 7:27 P.M. under Article 6252-17 of Vernons Texas Civil Statutes, Sect i on 2 (f). The Spec~al Meeting was reconvened at 8:29 P.M.