The Mayor informed those who had signed up to speak that they could be questioned by Council and could be required to have proof of what they say at the hearing.  He also said that Council would like to have a copy of any documentation the speakers might have with them.  He also mentioned a flyer that had been distributed in Cedar Springs that contained erroneous and misleading information. 

He also mentioned that P&Z’s review of the proposed changes to the schedule of uses for the B-3 Overlay District had not been completed yet, so he would recommend that that agenda item be pulled until the August 13 Council meeting, or whenever P&Z finished their review. 

(As a point of clarification for those who don’t know, the B-3 Overlay District runs along Bandera Road the entire length of the Cedar Springs subdivision.  It was created by Council 6 or 7 years ago to protect the residents of Cedar Springs and their quality of life.  It is a B-3 zoning district, but many of the uses normally allowed in a B-3 zone are restricted in the Overlay District.  City staff is recommending that some of these restrictions be lifted because they are “neighborhood services,” e.g., pawn shops, liquor stores, automobile repair shops, taverns, funeral homes, etc.)

The first speaker was Maureen Connelly, a Cedar Springs resident.  She stated that she did not want pawn shops or liquor stores allowed in the B-3 Overlay District.  She fears for the safety of the children in Cedar Springs and what these businesses would bring right to the gates of their subdivision.

Doug Young, also a resident of Cedar Springs reminded Council that the Overlay District was put in place to protect the residents of Cedar Springs.  He asked Council to be careful not to lessen the restrictions.

Aaron Martinez, another Cedar Springs resident, told Council that when he moved to this area he chose to live on this side of the green sign (the Helotes city limits sign) instead of the other because of the culture of Helotes.  The Overlay District was created with a great deal of input from the community to maintain their quality of life.  Strong trust was put in the Council at that time and continues with this Council.  Another point to remember is that their children will have to walk past these businesses going to and from school.

Council member Whitehead asked Mr. Martinez if he had objections to just specific businesses, like pawn shops and liquor stores.  Mr. Martinez stated that he objected to allowing any businesses that are presently excluded.

Before he closed the hearing, Mayor Schoolcraft reminded everyone that if they have questions or concerns they can come to City Hall and talk to the staff.  He’d be glad to sit down and talk to them.  He urged them to attend the next P&Z meeting on August 4 where the next public hearing on these changes will be held.  He asked that they have confidence in P&Z and the City Council.

Council member Massey also commented to the Cedar Springs residents present, ”Things will work out to your satisfaction.”

The public hearing was closed at around 7:15 p.m.

CITIZENS TO BE HEARD – Lorraine Shattuck, Cedar Springs, spoke against the recently approved drainage utility tax.  She is concerned about how the money will be used or misused.

Tom Robey, Iron Horse Canyon, spoke in favor of releasing the 86-foot right of way (ROW) that runs through the triangle of land at FM 1560 and Antonio from the City’s Major Thoroughfare Plan.

Nancy Smith, Helotes Park Estates, reminded everyone that on Saturday, August 1, 2009, at the Helotes Market Days in Old Town Helotes, Council member Villanueva and Police Officer Ridgeway will be selling BBQ plates, the proceeds of which will go to Casa Helotes and the Helotes Law Enforcement Explorer Scouts.    Each meal will contain brisket and sausage, beans, rice, bread, and bottled water and will sell for $6.  The beans and rice are being donated by El Chapparal.

Maureen Connelly, Cedar Springs, saw the public notice in the Echo about the new drainage utility tax, and even though most of it was written in legalese, she understands that this tax is above and beyond the property taxes she is already paying.  The City will also be able to borrow money based on the collection of this tax creating more debt for the taxpayers to pay off, likely resulting in more taxes.  She asked Council not to add on another tax to the property taxes Helotes homeowners are already paying.

MAYOR’S REPORT – The Helotes Natural Area has been cleared and is being maintained, and they have added benches.  The City got bids for a fence around the area, and they ranged from $8,000 to $17,000.  Someone donated the cedar posts, and on July 14, Joe Encina, Code Enforcer; Ryan Garza, Animal Control Officer; Rick Schroder, City Administrator; Mayor Schoolcraft; and some day laborers put up the posts on the FM 1560 side of the area.  On July 24, they will be working on the Parrigin side.  Doing it themselves cost only about $2,500.

Movie night is the third Friday of each month.  There were about 300 people at the last one.  The Express News has said that going to the Helotes Movie Night is one of the “cool things to do.”  There will be three more this year (in August, September, and October).

The administrative part of the current fire station has been demolished.  During the demolition, they found an inground utility box (that controls the traffic light when the firetrucks are leaving the station).  Again the Public Works Department handled the moving of this box instead of paying someone else to do it.  The Mayor claims that they saved $3,000 to $5,000 by doing it in-house.

Unfinished Business – This item was moved from the last agenda to this one so the Council could review the deed for this property to see if the 86-foot ROW was on the deed (it was not).  This ROW goes through the triangular piece of land at FM 1560 and Antonio.  This property is now owned by the Mormon Church, and since the City is not going to use this ROW, they want it removed from their property.

Council member Whitehead said that this was an “item of interest” in Iron Horse Canyon, but the vast majority of people he has talked to are in favor of releasing this ROW.  They do still have concerns about increased traffic around this property, which is at the entrance to Iron Horse Canyon, caused by a church being built there.

Council discussed just repealing the ordinance which had never been codified, but the attorney said they could not do that because that was not part of this agenda item.  What they finally decided to do was approve the removal of the 86-foot ROW plus clarifying language in the ordinance describing how ROW’s are measured.  The repeal of the ordinance can be discussed at a future Council meeting.

CONSENT AGENDA – Council approved the minutes from the July 9 meeting and the Quarterly Investment Report, quarter ending June 30, 2009.

Approved the following board/committee/commission appointments and accepted Alison Rivenburgh’s resignation from P&Z.

Board of Adjustment:  Paul Friedrichs (as a member) and Steven Ritchie (as an alternate).

BOA membership now consists of – Niels Jensen, Chairman; Doug Deptuch; Charles Roberts; Robert Logue; and Paul Friedrichs.  Alternate members are – Donny Jones; Jerry Cotton; Frank Thompson (who replaced Barb Galland), and Steven Ritchie.

Planning and Zoning Commission – Bert Buys (who is apparently replacing Alison Rivenburgh) and Steven Ritchie (who is replacing John Cooper).

P&Z membership now consists of – Gregg Michel, Chair; Alex Blue, Vice Chair; Jerry Cotton; Joe Edmond; Sandra Ethridge; Richard Hawk; Ron Hozza; Mike McGlothing; Bert Buys; and Steven Ritchie.

Parks and Recreation Committee – Phyllis Jackson.

Committee membership now consists of – Scott Muenz, Chair; Bert Buys; Linda Montemayor; Maria McCarns; Donny Jones; Megan Mutschler; and Phyllis Jackson.

Approved an ordinance declaring a public necessity for the conveyance to the City of a permanent easement by the Bluffs at Old Town Helotes.

Ratified Mayor Schoolcraft’s approval and execution of the first amendment to the Design-Build Contract between the City and Middleman Construction for the construction of the Police and Fire Departments facilities within the Municipal Complex.  (There have been many changes made by Mayor Schoolcraft to the original contract resulting in the lowering of the cost of construction.  I detailed some of these changes in a separate article on this website entitled ”Amendments to Contract for Police and Fire Stations.”)

ITEMS FOR INDIVIDUAL CONSIDERATION -

Council approved the changes to the Zoning Schedule of Uses as recommended by P&Z.  Council members again stated that P&Z had worked 3+ months on these changes which got rid of a lot of duplication and clarified the schedule; all were in favor.  During the discussion of this item, Mayor Schoolcraft introduced the newly-appointed Council member, Gary Johnson, because he had neglected to do so earlier.

The last agenda item was discussion and action on proposed changes to the Schedule of Uses for the B-3 Overlay District.  The public hearing on these changes was scheduled for this meeting so they had to go on and hold it.  Council member Whitehead said he had met with Cedar Springs residents in an “informal” town hall meeting and understands their concerns.  P&Z will complete their review of these proposed changes, and after their recommendation is forwarded to Council, this item will be placed back on the agenda.

The meeting was adjourned at 8:09 p.m.

Members absent were Joe Edmond, Sandra Ethridge, and John Cooper.

A PUBLIC HEARING was held to give all interested persons the right to appear and be heard on amendments to the Zoning Code as pertains to the B-3 Overlay District.  There was no one present wanting to speak, and the public hearing was closed.

In the open session during CITIZENS TO BE HEARD, Garrie Gillaspie commented on the request for a monument sign that was to be discussed and acted upon later in the meeting.  She stated she was pleased that the sign was only going to be 8 feet tall, which complies with the old sign ordinance before the current Council changed it.  The smaller monument signs (as opposed to the taller signs allowed in the current sign ordinance) lend themselves to, and are more compatible with, the “small town feel” we want to preserve in Helotes.  She hopes that in the future Council and City staff will give more attention to the many signs around town that do not comply with the ordinance.

ITEMS FOR INDIVIDUAL CONSIDERATION

The owner of Ooh La La, a business located at 12440 Bandera Road, has submitted an application for a permit for a monument sign in front of her business.  As mentioned above, it would be 8 feet tall and complies with the current sign ordinance.  P&Z approved the sign stipulating that there would be 2 feet of landscaping around the base of the sign.

Ken Dempsey, the owner of the Bluffs at Old Town Helotes, 14391 Riggs Road, submitted a conceptual design plan (including the site plan, building design, and exterior lighting) for the expansion of an existing building now housing Stellar Books.

The building will be increased from approximately 1,034 to 1,888 square feet.  The proposed expansion will accommodate a coffee shop serving coffee, drinks, and pre-packaged foods and is proposed to blend with the existing building architecture (tin roof and fieldstone exterior) currently on the site.  No additional signage is proposed.

Mr. Dempsey said that two small oak trees will be removed.  The City Arborist will determine if this plan complies with the City’s tree ordinance.

P&Z unanimously recommended that Council approve this request.

NOTE:  At the Council meeting tonight, Council will also decide several other issues regarding this property.  Mr. Dempsey is requesting to pay a fee in lieu of detention.  He is also seeking a variance to the parking requirements and a variance to the current platting requirements.  Since these requests have been placed on Council’s consent agenda, it appears that these variances will be granted.  However, any Council member can pull this item from the consent agenda and require individual consideration.

P&Z was also to discuss all the amendments that have been proposed to the Zoning Ordinance Schedule of Uses.  However, they decided that, since they had already held several meetings during which they discussed and agreed upon these proposed amendments, no further discussion was necessary.

The last item on their agenda was discussion of and action on amendments to the Zoning Ordinance, in relation to the B-3 Overlay District Schedule of Uses.  The City Administrator presented the suggested changes to the prohibited uses in the Overlay District.  Some of his suggestions for uses that should no longer be prohibited were:  alcoholic beverage retail sales; appliance repair; automobile repair; car wash; bus passenger station in an existing business; dry cleaning shop; funeral home; tavern (completely enclosed); pawn shops (completely enclosed; no bars allowed on outside of windows); stone cutting or monument manufacture (completely enclosed); veterinarian office and hospital (with outside pens).  To be clear, all of the above uses were prohibited in the B-3 Overlay District, but if these proposed changes are approved, they would then all be allowed.  The reason offered by the City Administrator is that all of them are neighborhood services.

Because of the lateness of the hour, P&Z decided that at their next meeting, on August 4, 2009, they would discuss the proposed uses that would require the approval of City Council.  The City Administrator stated that they would have another public hearing at that meeting, but they are not required to re-notify citizens living next to the B-3 Overlay District (primarily residents of Cedar Springs) because they had already received a notification of tonight’s public hearing.  It was his opinion that if they were interested in the proposed amendments they would have been at tonight’s meeting and will already be aware of the public hearing now being scheduled for August 4, 2009.

Before adjourning at 9:03 p.m., the P&Z Chair presented a certificate of appreciation to Alison Rivenburgh for her service as the secretary of the commission.  Alison has resigned, and this will be her last meeting.