10-25-1988 'PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened in a regular
session on Tuesday, October 25, 19~E at 7:00 P.A':. in the
Municipal Complex Conference Rcom, 1400 Schertz Parkway. Those
present were as fol to<<~s
PLANNING & ZONING COMMISSION CITY STA~'I'
TY BRISGILL, CHAIRMAN STEVE SIMONTSON,
MARY MARSH, VICE-CHAIRMAN ASST. CITY MAn?AGER
£tiEITH VAN DINE, SECRETARI' NORMA ALTF-IOL'SE,
MERWIN 6VILLMAN RECORDING SECRETARY
BOB ANDRELdS
GEORGE VICK
JOE POTEMPA
".EMBERS ABSENT
KEiQ GREEN(n'ALD, COUNCILMAN
~ 1 CALL TO ORTJER '
Immediate past Chairman Bob Andr:~~;.s called the meeting to order
at ;:00 F.M.
Mervin Glillman mentioned that Council had approved the
appointments of Ty Brisgill as Chairman and Mary Marsh as Vice-
Chairman and at this point Ty Brisgill tools over chairmanship of
t;:e meeting.
~2 I~nP€:OVAL OF "':II~~UTES: Regular Session October 11, 19°O
George VicJi pointed out that cn Forge 3, next to last paragraph,
line 5, .where it says "with City Council Council on goals" one of
tine "Councils" should be stricken.
Bob Andrews made a motion to approve the minutes, as arlended, for
the regular session October 11, 190°. Mervin V~illman seconded
the motion and the vote was unar.imcus in favor. Motion carried.
CITIZENS' INPUT OTHER THAN AGEP.DA ITEMS
There was none.
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#4 CONSIDER AND MARE RECOI~IENDATION: Proposed Changes to
Planning and Zoning Rules of Prccedurc
Merwin Willman had written up a proposal as fellows:
1. It is recommended the fcllcwing changes be made t:~ the
Commission's Rules of Procedure:
102 . Officers
B. Each year, in the month of October, after the annual
"Progress Report" has been accepted by the
Commission, a new historian shall be appointed for
the c:;mi ng ye~.r . ( Para j , Sec . 2-2E , Cade cf
Ordinances)
103. Duties
F. The historian shall keep a record of events and
accomplishments during the year and submit a
consolidated repent to the Commissicn for approval
during the first meeting ir. October. (Para j, Sec< 2-
2b, Code of Ordinances)
2. Suggest Se:-ticn 4, Organisation, cf the Commission's Fules of
Procedure be studied for the purl-o se of possibly extending
the terms cf office for Chairman and Vice-Chairman.
Mary Marsh commented it loolcs good to her.
Bob Andrews asl~ed Mervin va'illraan exactly what he meant by
possibly extending the terms of office for Chairman. and Vice-
Chairman.
*~~r. tai llmar. replied that according tc Ordi ,ante 87-S-Q, Section
Organization, it reads: r~~cmber Currently SC:rving as
Chairman or Vice-Chairman shall be nominated. to succeed himself
as Chairman cr Vice-Chairman if he has served a full or<e-year
term in either of such capacities." Mr. Willman said, in his
opinion, that in one year the person is just begini:ing tc get
Choir feet on the ground and so maybe the ordinance should be
changed tc read as a two-year i.erm.
Mr. Willman reminded the Commission this is not pressing, tl~.ey
don't have to ma.k_e a decision tonight.
Some of the points brought u~? during discussion on extending the
terms of office for Chairman ,and Vice-Chairman, were as fellows:
(a) If appointed Chairman or Vice-Chairman during the second
year cf a two-year term, should they thee. be reappointed to a
two-year term as Chairman or Vice-Chairman?
(b) In most org~nizaticns the Chairman and Vice-Chairman can
_ serve consecutively.
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(c) Maybe it should be limited to no more than two years.
(d) tie reappoint in October, there is always an option.
(c) What if they take over, say for four months, from someone
~whc resins and they are due tc be reappcir.tcd at tl~e end of the
f-aur mor~tl,s, sllculd they be allowed two more years as either
Cl,airrran .:r Vice-Chairr,,an?
(f) Shouldn`t the teem as Chairman or Vice-Chairman be kept
separate from the regular two-year term?
The consensus in the end tti'as t:: change the ordinance from reading
a full. one-year term to reading a full two-year term.
Merwin 6~~riilman noted a mistake had been made and changing the
terms of office for Chairman a-nd Vice-Chairman should be an
amendment to Ordinance °7-5-9, the Ordinance Creating the
Planning and Zoning Cormission, and net a change to the Rules of
Procedure.
Tre vote was taken first on the chance to the Rules of Procedure.
^sary ;Marsh made a motion tc approve adopticr, cf the following
additions tc the Planning and Zoning Commission Rules cf
P~~c~~dure:
1Q2. Officers
B. Each year, iri the month of October, after the annual
"Progress Report" has boon accepted by the
Commission, a new historian shall be appointed for
the caning year. (Para j, Sec. ?-25 Code cf
Ordinances)
J_0'. Du'-ios
F. ~ Tl:e histcri ar, shall keep a record cf evonts and
accomplishments during the yr~ar and submit a
consolidated report tc t?.e Commission for approval
during the first meeting i.n October. (Para Sec. 2-
?5, Code of Ordinances)
George Vic3_ seconded the ;~,^tion a-nd. the vote. was unar.irle~us in
favor. Motion carried.
Bob Andrews made a motion to recommend City Council approve, in
c~"der to maintain continuity of Chairman and V~_ce-Chairman during
interim changes throughout the year, an amendment to Ordinance
°7-S-9, Page 2, Section 4, Line 7 as fellows:
From: "N~ member currently serving as Chairman or Vice-Chairman
shall be nominated tc succeed himself. as Chairman or Vice-
, Chairman if he has served .a full: one-year term-in either of such
"capacities." - _ _
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To: "No member currently serving as Chairman or Vice-Chairman
shall be nominated to succeed himself as Chairman or Vice-
Chairman if he has served a full two-year term in either of such
capacities."
Jae Pctempa seconded the motion and the vote was unanimous in
favor• Motion carricid.
~5 GBN~RAL BISCIISSI~~
George Vick asked if the City is doing anythi:.• about portable
basketball roll-outs. Stevc~ Sim~•ns::n replied he didn't k_n:;w, bu.t
h~~ doesn`t think there`s a prcb'
~em with the por~able roll-outs.
Mr. Simonson further stated tliat if they should cause a pr•:.~;i~~m,
the City could probably asls for them tc b,~
removed.
'~~~ercain t~,~ill.man brought up tlic fcllowi:ig:
(a) Asked that appcir.tment of a historian for this year be listed
as an item cn the ag^nda cf the next regularly scheduled mecti.,g.
(u,) Had noticed that ~ the building on IH-35 N in "nc man's land"
bttw•een Schertz and New Braunfels is for sale or lease.
(c) Asked what`s happening tc the covers on the picnic tables in
Cutoff Park. (Steve Simcnscn. replied some of them were stolen due
to vandalism and the City has not been replacing there. i1r..
Simonson went cn to say they wore not functional, merely ar.
aesthetic item. Mr. Simonson said if the money is available, the
City has plans tc put in a small pavilion, parking lot, restrccm
facilities and playground equipment at Cutoff Park.)
(dl Askod if the Planning ~ Zoning annual reL,crt has gone tc City
Council and was informed it h~ s not b--•;~ause s;,e ~f tl:~ goals
listed still needs to be refinod. .
(e) Asked if the City, in it's procedures for licensing and
bending, has any requirements for contractors tc carry workmen's
compensation. Mr. Willman sai~u he ~~ad been informed by the man
wnc put a neda -roof on his house that a lot of crews don`t carry
wortiPlen`s compensation and if a worker gets hurt en your property
cahilc doing cacrk for you, lie can sue you. Mr. t~~illman commented
this gentleman. said h~ had talked a few of the other cities
around into including this requirement in thou ordinance and
maybe the City of Schertz should also look into that passibility.
TI:e'r` caas. some discussion cn this with a few cf the members
saying they think it`s in the contract you sign when you hire
someone tc do such caork_ for you that you arm not responsible for
acci:l~nts related tc the work. Steve Simcnscn said he thought
tliat`s wliy the contractors were banded. Bob Andrews pointed out
a lot of people who do this type of work. never have a contract.
written up. Steve Simcnscn said .he would check intc.it.
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.Bob Andrews asked if the VFW has a portable sign permit. Mr.
Andrews commented the VFGv' has gone to the Ladies Auxiliary asking
for help an paying for making the L~ortable sign a permanent sign.
(St<~ve Simonson said he would checl~ into it . )
^lersain Ulillman commented on the proliferation of signs at the J's
ccnvc,ni.crii sore on :lain Street .
Kc~ith Van Dino informed Steve Simonson that out in his area where
th.> log ca~r.~in had burnocl dawn, a lady Baas asking about the
restrictions on the land and Mr. Van Dane said lie had referred
l;ex tc Mr. Simonson.
Mary Marsh said they're once again getting a rash of trailers
with::ut the cats being parked in front of Oali Forest . (Stave
Simonson, said he would check into it.) Ty Brisgill asked if you
can. parr 1° wheelers in the City of Schert~ and Steve Simonson
said yes in certain places for a certain amount of time, but you
can't parl~ a tractor sailboat permission of the lardcsaner.
Steve Simonson brought up the following:
(a) Noted that. at the APA conference a lawyer had made big n:,ise
about at being illegal for the City Council to also be the Board
o{ t'1cljustm~~nt. Mr. Simonson said a.ccordang to Vern.:n`s Statutes
ar~d also to the law firm of Fulbright & Jaworski it is not
illegal. hir. Simonson further stated that Fulbright & Jaworski
had informed him thL.re is no legal judication against any City in
the state "f Te*as as the result of a City Council also being the
Board Cf Au~ustment. Mr. Simonson asked for trio lawyer's name
wl-io had spoken at the APA conference.
The name is: Allmon Taylor, Jr. AICP
Shann:?n, Gracey, Ratliff & Miller
Fort Glorth, TX
Mary Marsh suggested writing him a letter and asking him about it
sin: c this sans the second year in rosy he had spck_en cn this very
matter.
(b) Informed the Commission construction on the sesa~r line on Oak
Street will begin on Tuesday November 1 a.nd continue through
Friday November 4.
Reminded the Commission of tre Joint Land lise Study meeting
at Judson Izigh School on December 7 and asked them tc attend..
(The Commissioners had received a copy of a letter announcing the
meeting.)
td) Commented to the Commissian about a copy of an article he had
given. them regarding flo_odplain information on plats. Mr.
-Smonscri -sad~_ the__City is faced with a situation where a - _ -
contractor had come in and provided everything for._the- City,
~ngneeri-ng and Planning .and Zoning for a very -large drainage.:
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structure, then folded, and the information had never been given
tc FEMA.
Mercain ttiTillman asked who submits the information tc FEM~~ and
Strive Simonson said usually the developer., then. the City should
follow up en it. ~1r. Simonson further stated that cities are
being watcl~ieu much closer and wo ree.d to n]akc suro w~ .13ve all
the proper floodplain documentation.
n^e~~win tti~illm,:n remarlred Planriin~ & 7,cning needs to mare sure that
every iten] 1 fisted in the ordinance is :;n the plat .
S`~eve S in]cnson said no more ~onti_ngencies plats .
C'lcdlx"Irian >;rlsglll than]<_i~d $Cu' ~r'id.t-:_'WS fCL" a f1 nC' ,Cb aS` C.7alrman
cf the Planning & Zoning Ccrar.]issicn. Mr. Lrisgill also thanked
the Commission for it's trust and confidence in appointing him as
Chairman and `?any "iarsh as ~~ice-Chairr;]an.. Mr. i;risgill pointed
'out he and Mary Marsh are still each only one of seven and he
would 1 il~e for things tc continue as t:;c=:y have been - caith input
from all the members and Staff support.
Merw.t L;~illr.]ar. a.sl_ou if the second reading :;f t3^.e Mobile Dome
G~rdiranc~ amendment (design. and location of storag` facilities)
]]ad 1..3e..ii Cn t.~"Ie Clty CCL]nCll' S agenda Vet- and wa.S 1nfCx-med It
will be or. the agenda cf t~.eir next regular meeting.
Chairman E~risgill, referring tc a letter each Cemmissicner had
received from Steve Simonson about the Comprehensive City Plan,
suggested the redo of the City Plan be an agenda item sc the
Cor,]missi_on man discuss it .
Marv 1larsh ~1ueSt1C~~2d if they ~Cr1 ~ t need tC get tGdC Cr tjire2
i-!eC!ii, i:r: draw 1Jp a COLirSe Of uC.~.:~.0:1 SO 1t Can :j Cut t0 pGCple
before the meeting so there`s something to discuss.
Ty Sr:;_sgi11 suggested everyone come to the ne:t meeting with
ideas of their ctiin.
G~'cr•;e ~'ir_k_ ccmmente:l they defi:.itely need a plan of action.
":any ":urs': asl~ed if there were any o]u~jecti.or.s tc her drafting a
guideline for discussion on redoing the City Plan. There were nc
CbjeCtiOnS.
Chairman Brlsglll asked that it be an the agenda of the next
regularly scheduled n]eeti_ng.
Chairman Lrisgill informed the Commission he will be.out of town
and unable tc attend the meeting cn November 8. Mary Marsh and
Keith van Dine both said they will be unable to attend th.e
meeting on November 22. ~ - _
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Chairman Brisgill adjourned the meeting at 7:5? P.M.
The nett regularly scheduled meeting is Ncvemu~er .3.93.
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