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.

 

Falconhead Re-Paving Update

As an update on the road re-paving in Falconhead, we have confirmed that the City awarded the street overlay bid on Tuesday.  Once contracts are executed the City and Contractor will have a pre-construction meeting and prepare a schedule for repairs.   The City thanks you for your patience.

Bob Dorsett, Jr.

Bee Cave City Council

 

Bee Cave City Council 4.10.12

Citizen Comment:    Ed Krach-  President of Homestead HOA spoke regarding the Council’s vote on Kwik Kar.  Not only was he not happy with the vote, he expressed concern regarding the e-mail issue and the feeling that e-mails are not given as much weight as appearing at Council in person.

On a sidenote:  I offered to discuss anyone’s e-mail regarding the Kwik Kar matter.  Please feel free to come see me at my office or call me for a meeting off site.    I have an “open door” policy at my law firm in the Galleria.

1)  Brad Walters with Bluestem Residential, LLC appeared to discuss the zoning changes regarding the Hill Country Galleria Townhomes.  The group made numerous changes after appearing before Planning & Zoning.  Both Dillards and the Galleria reviewed the proposed elevations and consented to the plans as presented.   There were numerous questions regarding the corner lots and the use of hardi-siding.  The developer agrees that the project will not include hardi-siding.  The Motion carried.

2)   The Galleria Townhomes presented a final plat re-approval as the original plat expired without recording.   The Council approved the final plat as originally approved.

3)  Site plan amendment for lot 25, Block A of the Galleria.  This is the pad site in between City Hall and the Hospital in the Galleria.   The pad site is being proposed for “mattress firm, a restaurant and an additional 1/4 unleased space.  The only aesthetic issue is that the back of the building will face the Galleria and parking is not as available as hoped.

4)  Spanish Oaks Office Park is located on the corner of Hwy 71 and Spanish Oaks Blvd.  The final plat for 6 acres was approved.

5)  Telecommunications-right-of-way-  the Council did not take action.

6)  The Council discussed that the West Travis County PUA took over on March 19, 2012.   Bee Cave has the opportunity to appoint a 5th Board member.  Action was not taken, but Fred Goff appeared in chambers offering his services as a candidate.   The position is one of financial significance and will require two meetings per month.   The Council agreed to take it up again in two weeks.

7)   The Council approved assignment of consents to the PUA.

Bob Dorsett, Jr.

Bee Cave City Council

 

Bee Cave Taxes- April, 2012

April sales tax payment:

Net payment:

2012       $511,451.42

2011       $386,005.79

Up          $125,445.63        32.4%

Current paid:

2012       $514,313.51

2011       $386,553.65

Up          $127,759.86        33.2%

 

From: Russell R. Pancoast
Sent: Tuesday, April 10, 2012 2:19 PM
To: Frank L. Salvato; Travis D. Askey
Subject: FW: Funeral for APD Officer Jamie Patron

Just want to pass this along to you since there will be a substantial traffic impact during the procession tomorrow.  I believe the procession will be quite long up to 620 where many patrol cars will leave the procession to return to their respective jurisdictions.  Lt. Montez and I will be in the procession, Bee Cave units will cover 71 at Bee Cave Road and 71 at Cross Town Parkway.  Travis County will cover 71 at 620.  Lakeway will cover 71 at Hamilton Pool Road, 71 at Vail Divide, and 71 at Bee Creek Road.

The procession will probably reach Bee Cave a little before 2:00 PM.

Full details are listed below.

Russell R. Pancoast

Chief of Police

13333-A Hwy 71 West

Bee Cave, Texas 78738

(512)767-6650

From: Vicente T. Montez
Sent: Tuesday, April 10, 2012 2:10 PM
To: Stan Roper
Cc: Russell R. Pancoast
Subject: RE: Funeral for APD Officer Jamie Patron

Thank you. Lt

From: Stan Roper [mailto:Stan.Roper@co.travis.tx.us]
Sent: Tuesday, April 10, 2012 2:09 PM
To: Christopher Gray; Coy Turner; Deke Pierce; Derek Hill; Greg Epperson; Jeff Smith; Jose Escribano; Kyle Sass; Michael Canales; Michael Stroh; Phillip Hulsey; Robert Phillips; Rodney Blackmon; Roger Murray; Timothy williams; Toby Miller; Tom Carpenter; Travis Bertram; Willie Martinez; Tom Carpenter
Cc: Vicente T. Montez
Subject: Funeral for APD Officer Jamie Patron

All;

Attended the meeting with APD regarding the funeral arrangements for Officer Patron. The service will be held Wednesday, April 11th, 2012 (11:00 a.m.) at the Shoreline Church located at 15201 Burnet Rd. APD has requested that TCSO Motor Units arrive no later than 10:00 a.m. at the church (there will be special area for all motors parking). I suggest arriving no later than 9:45 a.m.  Motors has been tasked with being a part of the procession once the funeral is completed. The funeral should conclude around 12:30 p.m. and there will be a briefing for all motors right after the funeral. At approximately 1:00 p.m. the procession should begin. The route being taken is turn right onto Burnet Rd, go down to frontage of 45.  Round Rock PD will have Hwy 45 closed for everyone. You will enter onto I.H. 35 Southbound and go all the way and exit Ben White Blvd. From there you will go all the way to the Y in Oak Hill and turn onto Hwy 71 W.  The procession is going all the way to San Angelo but the cut off point for all officers not going to San Angelo is 71 W / 620.

We have been asked to cover several areas down Hwy 71 W, which will be done by TCSO HEAT, Bee Caves and Lakeway PD.

The areas that will be covered are as follows;

Thomas Springs @ Hwy 71 -  Kyle Sass / Robert Phillips

Southwest Parkway @ Hwy 71 – Sgt. Stroh / Roger Murray

Hwy 71 W @ Bee Caves Rd – Bee Caves PD / Lakeway PD

Hwy 71 W @ Galleria Rd – Bee Caves PD / Lakeway PD

Hwy 71 W @ FM 620 – Lt. Escribano / Sgt. Canales

Hwy 71 W @ Hamilton Pool Rd – Bee Caves PD / Lakeway PD

We are having all HEAT, Bee Caves and Lakeway PD units stationed at their assignments by 1:30 p.m. It is not for sure the exact time that the procession will make its way to Hwy 71 W but we want to be there early.

All units including APD will be working off GP – 15. Each officer should be listening for the radio traffic as the procession starts towards your assignment. As for the motor officers, I have been instructed to tell all of you that you will be doing the “bump and run” method. Motors should not be needed to cover the roadway on Hwy 71 W as the other units should be able to cover it. Be prepared just in case there is not enough coverage.

For those officers covering Hwy 71 W, we want eastbound Hwy 71 W blocked Hwy 71 W/ FM 620 to Southwest Parkway / Hwy 71 W once the procession starts your way. Any questions feel free to contact me. All officers should be in class A uniform.

Sgt. Stan Roper

Motor’s Division
Travis County Sheriff’s Office
Office: 512-854-4330
stan.roper@co.travis.tx.us

 

The attached Order was issued on 4-9-12 by Judge Garza.   It seems clear from the language that Judge Garza didn’t agree with the argument that violations were incidental to approved work.

Planet K Order for Sanctions 4-9-12

 

Propane System/Falconhead West

Good Afternoon,

I am pleased to report that the installation of the propane system at Falconhead West is complete.  We have been conducting final leak tests and additional testing of the system throughout the last week and am also pleased to report there are no leaks and the system has passed all of our internal tests.  With that said, we have sent a letter to the Texas Railroad Commission requesting an inspection.  This should take place within one week or less from today.  Once this necessary step is complete and we address any issues, if any, we will then be able to introduce LP Gas into the system and it will be operational.  Once the system has successfully operated without issue for a short period of time, we will then begin a process of removing all above ground tanks and related equipment at Falconhead West.

Thank you,

Kain Kennedy, SCGM

Ferrellgas

Austin, Texas

 

Bee Cave City Council- 3.27.12

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

 

Correspondence from Planet K to Bee Cave 3-8-12

From: phogg4@juno.com [mailto:phogg4@juno.com]
Sent: Thursday, March 08, 2012 4:46 PM
To: Frank L. Salvato
Cc: TIRION@TIRIONLAW.COM; rhorton@khs-law.com; moncadataz@sbcglobal.net
Subject: Re: FW: letter to Moncada 3-8-12

sir did you notice YOU LOST  in court again – how much $ have you , yr staff , yr lawyers, yr city council wasted ?

have you had enough yet ?  or is the great socialist republic of bee cave’s prepared to spend millions more only to be told you must  respect my property rights and my civil rights !  please facilitate giving us our permits or SEE YOU IN COURT !

mr. michael kleinman

 

Planet K Press Release – 3/8/12

AusPro Enterprises, LP

Planet K

Press Information

Today, Judge TimSulak entered an order that will allow Planet K to continue its temporary vending operation at the Hwy 71 location, until May 14 when trial is scheduled to begin.  The City immediately filed its notice of appeal of the order to the Austin Court of Appeals.

Importantly, the Court made no finding that any of the City of Bee Cave building codes or ordinances are invalid, unenforceable, or unconstitutional.  The Court, at the City’s request, set the case for trial at the earliest available date so all issues can be addressed on the merits at that time. Until a trial on the merits or relief from the Third Court of Appeals, this injunction enjoins the City of Bee Cave from enforcing Plant K’s failure to obtain a temporary vending permit.

While the City would have preferred for the court to deny the  request for a temporary injunction, the court’s ruling in no way expands, condones, or validates  the prohibited vending activities which have been taking place for several months.

The City remains steadfast in its commitment to protect the health and safety of all citizens and visitors through the enforcement of its duly adopted building codes and ordinances enacted to protect community well-being and property values in and around the community of Bee Cave.

The elected and appointed officials for the City of Bee Cave will vigorously defend the interests of the citizens at trial.