City Council Meeting 3-27-12
1) Friends of Bee Cave Dog Park- A group has formed to maintain, clean and develop the dog park in Central Park. The City looks forward to working with the group in the future.
2) Kwik Kar Lube zoning change-
Randy Jones- in favor of the use and location. Important that we rely heavily on vehicles.
Gayle Owen- and Spike Owen approve of the business
Barbara Boothe- The new building will be a drastic improvement. Sewage is an issue and assist in tax revenue.
Mr. Buchanan- Believes this would be a viable replacement to the existing businesses.
Jim Cummings- Lives in Lakeway, building in Homestead. Has been in community for a long time (former president of school board). Concerned that Harriet was promised by former Mayor that if they would agree to town center zoning, future use would not be impeded. Two former buyers have tried and failed. This is one of the few users that this property can handle.
Greg Christopher- owner of Shops at the Galleria. He is in support of the re-zoning of the community. He believes it is a plus to the existing buildings and fits with the new buildings coming in. There is always of getting something better, while others can purchase as they are and use them for outdated purpose. Getting sewage to those properties will be a “plus”.
Judy Guilik- Grew up in town with highway through the center of town like ours, it is not the town center. In favor.
James Winfrey- Resides in Spicewood for last 5 years. Shops in Bee Cave area and likes the opportunity of having a kwik lube location.
Steve Braasch- Speaking on behalf of Harriet and Johnny. They believed they had promises from the City. This is a dilapidated facility, in difficult location, highly restricted. In looking at the overall situation, there are a lot of possible uses, but this potential buyer has worked to make this fit. It will improve the look of the location, property tax revenue and service. This is designed to be a convenience for the community.
Ray Ellis- In favor.
Neal Hardin- Resident of Lakeway and now resident of Bee Cave. Was attorney for Harriet Wells, appearing as their friend. Has seen a number of contracts on the property rise and fall.
Todd Pitnjer- In support of the use. Believes this will replace older facilities. Will provide value to the citizens of Bee Cave. No place to just drop your car.
Zelda Auslander- Against the use. Goes against the master plan and the PDD throws away the rules and starts over.
Ben Siddons- In community since 1975. Agrees with Ms. Guilik and that town center is here around town hall. Has 20 employees in the area that would use it. Duty to assist seller and buyer that comply with the rules.
Adrian Overstreet- owner of Hill Country Galleria. When this first came in front of council was opposed. Now thanks Jennie Braasch and client for working with him to re-design. “If we don’t put this there, what will go there?” The only person who will go there, he will rent to. He will rent to most retail sellers who may want to go there. Doesn’t want another Planet K, wants someone with a vested interest.
Jennie Defazio- Commercial broker speaking in support of the project. Has had clients look at the property and with the impervious cover restrictions, size of the parcel and other restrictions, she has been unsuccessful.
Joanne Rimkus- speaks in favor because of the good use of the property.
Wayne Rimkus- Strongly supports the project.
Yvonna Serell- Strongly approves the project. Not only a mothers’ dying wish for her son to be taken care of, but this is cosmetic. We need change, positive change. What happened years ago must be changed in regards to plans.
Jennie Braasch- represents the applicant. Showed photographs of dilapidated buildings, Planet K, etc. She did not seek out the head shops, but Bee Cave is vulnerable because these uses don’t want to build new construction. The sooner these buildings are scraped, the better. Uses same stucco, awnings and colors as Galleria and changed the color of sign from yellow to white. Provided letters from the Shops and the Galleria in favor of the project. This is not a pedestrian location. The back of the shops face highway 71 and city hall does not have a door facing 71.
Johnny Coultrup- Owner
Jim Whithers- the applicant, along with his wife. They are simple people that believe in faith, family and friends. It will be a small family owned business where children will be seen. Community involvement is important. They live on Bee Cave Road near 360. Believe there is a need for quick, quality service.
Bill McClain is the attorney for the applicant. Focused on the ordinance, the Planned Development District (“PDD”). Believes the use is an enhancement to the community and to our ordinance. Believes this is a compatible use. Public health, safety, morals and welfare, if used, rises to presumption of validity.
Carrell Killebrew- a new citizen in Bee Cave from California. Is opposed to the use of the PDD for this when it appears to only be a lot. Believes that this is a lot that anchors the area and may impact future growth in the area. He doesn’t have a problem with the business, just the location.
Terri Wood, Chairman of Planning and Zoning. Discussed the P&Z hearing after 1 ½ hours.
George Kennebeck- Lived throughout the world. Has lived here for 27 years. Wrote in against the project because it is not in keeping with what we did in the past. Of the people who spoke for the project, all but one stand to gain from this project.
Steve Braasch- only one person stands to gain, Johnny. Not imposing this on the city, just asking for fair consideration.
Gary Noble- resident of Spicewood. He owns similar business, but remembers the moratorium stopping development that could have run out of control. Was it done properly back then? With forethought? If we do this lot by lot, is it valuable? There are more cars that go through 71 in a day than go through the Galleria in a year.
Bill Pohl- owns the brokerage. There are two people who benefit from the transaction, himself and Jennie. For 6 years he marketed the property, and asks him to be pointed to a buyer if this isn’t the right one.
Robert Harrison- Knows the family. Has tried to make the property work in the past, but couldn’t. This is 6 lane highway, 50 mph, it is not town center. Towns send the highway around the towns. This is not
John Colman- It seems like when things come up, they come up as exceptions. His heart goes out to the seller or the buyer, but they shouldn’t be the driving forces because what happens at sale. He is not convinced that we need this business. Asks the Council to consider what will happen if the business fails. Are we solving short-term problem and creating long-term problem?
There is no doubt that this issue divided the community. Michelle Bliss is the person I appointed to the Planning and Zoning Commission and she and I are divided. Although I wasn’t on the Council when the master plan was created, I was here when I was bussed from Lakeway to Dripping Springs and when the rodeo arena became the current Randall’s in Lakeway. Growth is occurring and the area on 71 needs to be re-developed. The buildings there are vulnerable. After all was said, the motion passed 3-2 with Murphy, Dorsett and McKool in favor and Bockius and Goodwin against.
There was significant conversation regarding the use of emails in city legislation. In that conversation, I stated that we cannot legislate by e-mail or assume that those simply agreeing to emails written by others should be considered to be made with knowledge. I also stated that I read every single email sent to me and consider the emails as community input. However, e-mails cannot, in my opinion, be persuasive in how my vote is made. A vote by e-mail is not the same thing as a person appearing in person at a Council meeting. I appreciate phone calls, office visits and if nothing else is available, an e-mail. Of most importance, attendance at the meetings. Although your e-mail concerns go into my thought process, do not assume I will vote in your favor simply because you send me an email, especially one forwarded from another scrivener.
3) A temporary license agreement was approved between Bee Cave and the Hill Country Galleria.
4) The Council reviewed the Masonwood preliminary plat, with condition that letters from utility agents will be provided at final plat.
5) Frozy’s shaved ice cream sought a variance for their sign located in the ETJ across from Chick Filet. The variance was approved through October 15, 2012.
6) The Bee Cave Police Department sought a variance for the old signs which was granted.
7) The Council restated and affirmed the West Travis County Public Utility Agency.
8) The Council approved the action of fiscal security for Cielo Homes in the form of a letter of credit.
Bob Dorsett, Jr.
Bee Cave City Council