Notes from Helotes City Council Meeting on December 10, 2009
The Helotes City Council met at 7 p.m. on Thursday, December 10, 2009, at City Hall. All Council members were present, but no City Attorney was in attendance.
The only citizen present wanting to be heard was Ardie Garner, the president of the Economic Development Corporation Board of Directors. She spoke on the sign variance requested by Meritage Homes for the Hearthstone Ranch Subdivision. She was on the Architectural Review Board when they had requested a “ranch-style” sign for the entrance to the subdivision. She thought that would be a “wonderful” sign for their entrance, but their request was denied (because, as I recall, the ordinance did not allow “ranch-style” signs). She also said she thinks item #10 is a good idea. (Item #10 authorizes Mayor Schoolcraft to execute an Encroachment License Agreement with James McKinney, dba Floore Country Store, for the placement of a barbecue pit and smoker and the installation of security posts encroaching onto City right-of-way. This item is on the consent agenda and will probably just be approved with no discussion by Council, but now we know Mrs. Garner is in favor of it.)
Next, the Mayor issued a certificate of recognition to Our Lady of Guadalupe Champs (a soccer team) for their very successful season this year.
Consent Agenda Items:
- Approval of a recommendation from the Parks and Recreation Committee to hold a holiday parade on Saturday, December 12, 2009, at 7 p.m., the use of the City website to advertise the event, the closure of portions of Riggs Road and Antonio Drive, and the closure of Old Bandera Road in its entirety, authorizing expenditures from the FY 2010 budgeted funds.
- Approval of an ordinance establishing and amending fees, costs, and fines charged by the City and adopting penalty rates established by the State of Texas. (The changes I noted when I reviewed this ordinance were: they removed the $15 fee for a Temporary Food Establishment License for non-profit organizations, and they greatly expanded and increased towing services and rates within the City.)
- Approval of a resolution approving the submittal of a funding application to the Statewide Transportation Enhancement Program offered through the Texas Department of Transportation for implementation and construction of bicycle racks, trash receptacles, benches, and trails within the Helotes Creek Linear Park and within Helotes Creek, a scenic overlook, a pedestrian bridge over Helotes Creek, and a signalized crosswalk at the intersection of Scenic Loop and Highway 16 within the Old Town Helotes Special District, and requesting certain property owned by the State and located adjacent to Helotes Creek and Scenic Loop Road, be utilized by the City of Helotes for the project.
- Authorizing Mayor Schoolcraft to execute an Encroachment License Agreement with James McKinney, dba Floore Country Store, for the placement of a barbecue pit and smoker and the installation of security posts encroaching onto City right-of-way.
Council member Legendre wanted to know why McKinney (owner of Floor Country Store) was required to pay the $160 fee required by the Encroachment License Agreement when others had been waived. Both the Mayor and Rick Schroder felt that the exemption of the fee was not warranted in this case because the barbecue pit is new equipment they are installing and Floore’s will make money on the use of the pit.
All were in favor of approving the above consent agenda items.
The next agenda item was discussion of and action on a variance requested for the Hearthstone Ranch Subdivision for two flags at the entrance to the subdivision.
Council member Massey said she had attended the P&Z meeting where this variance request had been discussed. There previously had been two of these flags up at the entrance illegally. She wanted to make sure how many flags they were requesting (there had been some confusion at the P&Z meeting about whether it was two or four). Schroder assured her it was only two. She also stated that she wanted to place a time limit on how long these temporary flags could stay up.
Council member Legendre was concerned about where these flags would be placed. If they are to be placed in the State’s right-of-way they will have to get approval from TXDoT. He agrees that the entrance to this subdivision is hard to see. He has no problem with approving this variance request as long as TXDoT approves.
Council member Johnson’s main problem with these flags is that it makes the area look like a car lot. He is “not crazy about it.”
Schroder said that the flags are pre-made, and it is hard to cut them down to comply with the ordinance (from their current 48 square feet to the 40 square feet allowed by the ordinance).
Massey had made a motion to approve the variance request as written but adding a time limit on how long they could be displayed. She now thinks one flag would be sufficient to attract the attention to the entrance that Meritage Homes is wanting, and she wanted to amend her motion to include that change. Mayor Schoolcraft, however, told her that she could not change the number of flags. She had to make a motion to approve or disapprove the request as written. He did say that she could add a time limit, but she could not change the number of flags (there was no City Attorney present to verify this information.) Because she could not change the number of flags they could approve, she just retracted her motion. (Strangely enough, unless I really missed something, that is exactly what they ultimately did. So this whole discussion was really strange.)
Council member Whitehead then made a motion that the variance request be approved as written, seconded by Legendre. Johnson said he thought the time limit was a good idea. Legendre then countered that a time limit was not necessary. The flags were just markers and attention getters. He thinks that what Meritage Homes is requesting is not unreasonable. The motion was defeated with Legendre and Whitehead voting for it and Massey, Villanueva, and Johnson voting against.
At this point, Schoolcraft and Whitehead were seen whispering. Then Whitehead made a motion that the size variance be allowed but only one flag be approved. This motion passed; all were in favor. (What?? See what I mean. Schoolcraft told Massey she couldn’t change the number of flags, but after whispering with the Mayor, Whitehead makes a motion to do just that – change the number of flags from two to one, and the motion is unanimously approved. ???)
The last agenda item was the discussion of and action on a request for fee in lieu of detention for the Cedar Trail Medical Centre, a proposed development located at the intersection of Cedar Trail and Highway 16 (across Cedar Trail from the Sonic).
Council members were informed that the plans for this site had already been approved by P&Z, the City Engineer, and the Police and Fire Departments. The size of the drainage ditch already on the property would be expanded (made wider). They will have sawtooth curbing and the slope on one side of the ditch will be increased to get the water in faster.
Council member Villanueva asked if the drainage along the back of the lot (between the proposed development and the Helotes Crossing subdivision) was being addressed. He was told that it was not, because with the widening of the ditch, the water levels should not be higher than they are now.
The request for fee in lieu of detention was approved; all were in favor.
The meeting was adjourned at 7:45 p.m.
I thought Whitehead was trying to change the public’s perception that he is one of Schoolcraft’s boys, but it looks like he’s reverted to his old ways. He and the Mayor whisper something to each other, and then, apparently at the Mayor’s suggestion, Whitehead makes a motion that Massey had earlier been told she could not make. It looks like the Mayor changed his mind.