Helotes City Council Meeting March 26th 2020 Recap

This recap is based on the March 26th, 2020 Helotes City Council Regular Meeting. If you find errors please let us know.

Open Session

2. No citizens to be heard.

Unfinished Business

3. Discussion of and action on a request by Versaterra Development for a change in zoning from Overlay District (B-3 OD) to Single-Family Residential District (R-1) for 9.511 acres described as Bandera Oaks Subdivision, Block 2, Lots 7 and 901 (BCAD Prop. ID Nos. 1308636 & 1308638), generally located behind 12510 Bandera Road, Helotes, Texas 78023. (Applicant)

  • Item was postponed from last meeting to March 26th, 2020 meeting.
  • Mayor stated makes more sense to suspend the zoning item after item 5 and before item 6 so the development agreement could be discussed first.
  • Mayor asked if there were any objections to suspend the rules, no objections.

Items for Individual Consideration

4. Approval of the minutes of the Regular Meeting dated March 12, 2020. (Staff)

  • Motion to discuss and take action, Massey motions, Blue second
  • No discussion
  • Motion carries unanimously to approve minutes

5. Discussion of and action on an Ordinance approving a Development Agreement between the City of Helotes and Versaterra Development for the purpose of setting forth the terms and obligations between the City and the Developer with respect to the development of approximately 9.511 acres of real property described as Bandera Oaks Subdivision, Block 2, Lots 7 and 901 (BCAD Prop. ID Nos. 1308636 & 1308638), generally located behind 12510 Bandera Road, Helotes, Texas 78023. (Applicant)

  • Motion to discuss and take action, CM Buys motions, CM Holmes second
  • CM Buys asked if went to Planning and Zoning P&Z. Mayor stated development agreement doesn’t need to go to P&Z.
  • CM Buys concerns about setbacks and land donation, liked to see what other CMs had to say first.
  • CM Holmes, no questions.
  • CM Blue concern about 10’ front setback on cul-de-sac lots, stated cannot put a car in driveway.
  • Mayor expressed same concern.
  • Wayne Flores, KWF Engineers. representative stated they are trying to configure house pad to conserve heritage trees, believes there will be plenty of parking in the cul-de-sac.
  • CM Blue requests motion include specific details about what was just discussed to ensure which lots are specifically going to have 10’ front setback.
  • CM Blue question about monument sign, to confirm will have to go to P&Z to verify.
  • CM Massey no questions.
  • CM Buys follow up question. Asked about 200’ notification requirement of citizens and businesses and if any feedback was given. Mayor stated no feedback provided to City.
  • Mayor recounts CM Blue request that the motion be amended to show the cul-de-sac lots with a 10’ setback are lots 17, 18 and 19, specifically noted that will only have a 10’ setback. Lots less than 20’ set back are on 9, 10, 17, 18 and 19. CM Blue asked by Mayor and agrees this is the motion amendment he wants.
  • Motion carries unanimously.

3. Discussion of and action on a request by Versaterra Development for a change in zoning from Overlay District (B-3 OD) to Single-Family Residential District (R-1) for 9.511 acres described as Bandera Oaks Subdivision, Block 2, Lots 7 and 901 (BCAD Prop. ID Nos. 1308636 & 1308638), generally located behind 12510 Bandera Road, Helotes, Texas 78023. (Applicant)

  • Motion to discuss and take action, CM Buys motions, CM Blue second
  • CM Buys says since approved 5 next thing to do
  • Motion carries unanimously, zoning change approved.

6. Discussion of and action on considering an offer by Versaterra Development to donate to the City approximately 1.9 acres of real property described as Bandera Oaks Subdivision, Block 2, remainder of Lot 901, more particularly described as BCAD Prop. ID No. 1308638. (Applicant)

  • Mayor stated this was part of Paul’s offer. Mayor and city staff property a couple of times, took pictures. Stated “they” City has questions about it.
  • Motion to discuss and take action, CM Massey motions, CM Holmes second.
  • CM Massey states based off the agenda packet it doesn’t look amenable to herself as a park for the citizens of Helotes. Number 2, states she only sees access to the park is via the subdivision. Other thing bothers her is the “sink hole” that is dangerous and a liability.
  • CM Holmes, stated retention pond is expensive to maintain.  Liability of the sink hole is large, can imagine children playing around it. Comments on all the amenities City would have to put in. Park is not visible from the street. States he believes the park would be available for the citizens of Helotes but not convenient. Appreciates the offer but doesn’t think it’s a good move for the City.
  • Mayor clarifies the sink hole is an explored and mapped cave.
  • CM Blue, concurs with previous comments. Adds that retention pond is designed for the commercial businesses.
  • CM Buys question, if we don’t accept the donation is it a deal breaker. Mayor asked Paul (developer) on phone, inaudible phone conversation.  
  • Motion denied unanimously, City will not accept donation.

7. Discussion of and action on an Ordinance suspending Section 41.0052(a) of the Texas Election Code to the extent necessary to allow the City of Helotes to move its general election scheduled for Saturday, May 2, 2020 to the next uniform election date on Tuesday, November 3, 2020 at the request of the Secretary of State and for the safety of the voters and election officials from the COVID-19 virus. (Staff)

  • Motion to discuss and take action, CM Massey motions, CM Buys second
  • CM Massey wants to have points made on the record
  • CM Massey provides researched, personal and lengthy remarks beginning at 26:31 of video
  • CM Buys, agrees with CM Massey stated, asked about cost to City, concerns about possible reduction in tax revenue. We need to be fiscally responsible to our citizens.
  • CM Friederichs via phone, mostly inaudible. Leans towards option 1.
  • CM Holmes, agrees with most of what CM Massey stated. Concern is that most of public won’t come out to vote. Concerns about absentee voting process that is lengthy. Doesn’t believe there is enough time to do that.
  • CM Blue doesn’t want to delay election but has opinion won’t be done in two weeks. Believes we’ll still have issues. References Texas Municipal League email. States we have a financial and health consequence plus election contest risk.
  • Mayor recites correspondence between Bexar County and City of Helotes beginning at 39:20
  • CM Massey feels like State provided option and has gun to our head via the stipulations we would have to follow. Doesn’t like what the county is doing and hates we have to follow those edicts.
  • Ayes 4, Nays 1 Massey, Motion carries

8. Discussion of and action on a Declaration of the City of Helotes, Texas extending a declaration order of local disaster and public health emergency for the City of Helotes as a result of the COVID-19 virus. (Staff)

  • Mayor states City sees no need to be any more strict that the county judge. This is basically to keep our eligibility to seek reimbursement on many expense from FEMA
  • Mayor specifically to be eligible for FEMA funds.
  • Motion to discuss and take action, CM Buys, second Friedrichs
  • CA Mendoza explains FEMA reimbursement to council, Mayor enhances expense potential
  • Motion carries unanimously
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