Bee Cave City Council- 5.8.12

Bee Cave City Council- 5.8.12

Final Council meetings:
Chad Bockius- after 6 years of service.
Mike Murphy- Since May, 2000.

Steve Albert- citizen comment.  ESD 6 Board announced opening of station 603.   Invitation to community for grand opening ceremony on Saturday May 19, 2012 from 1-3 pm.   The ceremony will take place in Bee Cave next to old school house.

Charles Ormiston- citizen comment.   Concerned about intersection at Great Divide and Highway 71 and safety of Homestead residents.   Frank Salvato pointed out that City does not have control over the lights on the state highway.    Also concerned that pedestrians are crossing between upper and lower Gallerias.

Adrian Overstreet- citizen comment.   On behalf of Galleria asking for help.    Concerned that amount of money spent by Galleria is not being protected by City.    Approved by Council on February 14, 2012.    Still has not been recorded.

Item 6-  Jenkins Custom Homes brought a concept plan to Council.  The plan is for office buildings located in the circle area behind Coachworks and Gold’s Gym and will be adjacent to Hill Country Blvd.    The Motion carried.

Item 7-  Consider action on contract with LNV Engineering for a drainage study in the Carr Development.    There are drainage and flooding issues with some of the residents of the Uplands based on water flowing into their backyard from the water easement.    The plan is to complete the study and then determine how to proceed with protecting the residents.

Item 8- Erosion under the bridge at City Park-  there is recent erosion that is exposing pvc pipe and Sledge Engineering came to Council seeking direction on how to remedy the erosion issue.     It was agreed to go out for bid for a rock lined channel.

Item 9 & 10- Water and Sewer Treatment Plant on the Parkway-
George Murphy – consulting engineer with West Travis County PUA.  Appeared with staff and counsel for the PUA.

The decisions to be made were whether to grant a variance as to impervious cover and whether to grant an exception as to the 75′ setback requirement.   The applicants made a detailed presentation regarding the need and plans.  In short, there are currently only 239 LUE’s available in our capacity and we average granting 20 applications a month.  At that rate, we will run out of capacity in very short order.  Many options were explored in terms of locations and site plans.    The key is that the LCRA did not disclose the imminent need for this plant and effluent pond until the closing of the sale by the PUA on 3/19/12.

Jim Harris- Attorney with Thompson & Knight on behalf of the Alexan apartments on the north side of the Galleria.   Mr. Harris argued that the apartments will be injured if the variances are granted because the city’s ordinances preclude the City from granting a variance when harm will ensue.      He argues that rent will have to be dropped and that vacancy could increase.    He could not explain the failure to learn about the plant during the due diligence process of the purchase.    He also argued that the land is owned by the L.C.R.A. and not the PUA, and therefore the PUA cannot apply for these variance requests.    He argues that the permit must be made by the owner of the land.   Additionally, he understands that the development plat was amended this a.m., but the amended development plat was not signed by the LCRA.    Finally, he argues that because it was amended, it must go back before Planning and Zoning.

Don Walden- spoke in favor of the project stating that the site has been planned for years and that the community did not inherit the plant, the plant inherited the community and the apartments.    He believes that the plant has not been maintained or operated properly, but properly operated it will not emit odor.   He further stated that the PUA and the City of Bee Cave are partners in this matter and should not be fighting with each other.    He is concerned that there will be great harm done to the community if the PUA has to enact a wastewater moratorium.

Jenny Braasch spoke as being originally against the project and after gathering further information has shifted to be in favor.  She does not believe the pond will emit odors and believes the earthen dam is not actually a structure being inside the setback and doesn’t require a variance.   She was very concerned with the plant, but is now satisfied that it is far enough away from the community and not visible from the road and is not a problem anymore.   She personally sought other options and could not find any in the area.

Carol Killebrew-  Resident of Bee Cave.  Not wild about the effluent in the City.  Appreciated the history of the site.   Believes Caveat Emptor applies to everyone including the City and the Galleria.    We have a problem already, and whether we approve it tonight or not, we will run out of PUE’s before the pond and plant are built.

Scott Morledge with Ash Creek Homes.   Says he has seen an interesting shift in sentiment.  The knee jerk reaction is that no one wants the plant.    However, there are other concerns with the retailers in the Galleria, and that’s how can we get more people here.  That happens with capacity.   The first thing Ash Creek went to when they came here was the City comprehensive plan and was very clear as to what the site across the street would be.    He knew it would be a pond and plant.

The motions carried with Councilman Murphy abstaining, Dorsett against and the remainder in favor.

Item 11-  The Council approved an HVAC contractor to repair the system at City Hall.

Item 12-  Chief Pancoast requested an additional $26,641.00 this fiscal year to increase officer salaries to increase officer retention.  We have lost 5 officers in the past months due to their ability to find higher paying jobs; 3 to Travis County, 1 to Lakeway and 1 to Pflugerville.

Item 14- (skipping 13)  The Council nominated Councilman Bill Goodwin to serve on the PUA Board of Directors with outgoing Councilman Mike Murphy.  Accordingly, the City will have 2 of the 5 positions on the Board with Mr. Goodwin serving as the Council liaison.

Item 13-  The Council approved an budget amendment.

Item 16- The Council approved the new contract with Judge Garza for judicial services.

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