Neighborhood Bulletin distributed regarding re-zoning

Falconhead Community Bulletin
Information Re: Proposed Adult Store
The public hearings on Adult Novelty Stores in Bee Cave will be 4-26-11 at City Hall – 5pm for planning and zoning and City Council immediately after.

Now is the time to be heard. See link for agenda.

The City of Bee Cave, Texas

portal.beecavetexas.com

**Planet K Facts info:

  • Planet K purchased Trading Post building
  • Smoke shop, adult novelties, underground books, erotica
  • They sell the LEGAL (as of now) Salvia, psychoactive plant, effects include hallucinatory experiences
  • Intend to paint large murals and banners across front
  • Other locations have airbrushed buildings, airbrushed painted cars sitting out front with cactus growing inside
  • Planet K is not afraid to spend money in court fighting for more commercial rights
  • Open until midnight 7 days a week

If you are interested in voicing your opinion to the City Council, please attend.

Bee Cave City Council Meeting March 8, 2011

1) First public hearing on annexation of Gateway to Falconhead

2)  Action on site plan re-plat (amendment) in the Hill Country Galleria (Whole Foods Market).  Site plan was updated to reflect 50% credit for pervious pavement/concrete; 33,000 square feet of pervious concrete.  Additionally, the existing island near McDonalds is going to be decreased.  This was approved subject to receipt of release of easement letters and subject to specifications for pervious concrete.

3)  Site plan amendment for Cottages at Spillman Ridge to include median break for cars turning off of Falconhead Blvd into Spillman Ridge.

4)  Cash construction submitted change order providing a credit of roughly $15,000.00 for completion of Bee Cave Parkway Phase IIIA.  Additionally, a change order was submitted for the cost of barricades as the “stub” to Bee Cave Parkway at Highway 71 will not open at this time.

5)  The Municipal Court is moving to City Hall.  The Council approved up to $18,000.00 of Court funds for purposes of installing a bullet proof window.

6)  The Council tabled a request to endorse a bill submitted to the State legislature by MUD #5 so long as their current territory is not expanded.

Bob Dorsett, Jr.

Bee Cave City Council

Bee Cave City Council Meeting – February 8, 2011

1)  Ladera Ranch- this is the development area adjacent to the Falconhead golf course and directly behind the Home Depot.  Prior to the Council session tonight, the Planning and Zoning Commission voted unanimously to approve the Planned Development District.  Accordingly, the development is re-zoned to single-family detached without condominiums.   At Council, Taylor Morrison agreed to provide landscape buffering for the several effected residents in the Heights and ensured that none of the houses will utilize “hardi-siding.”

2)  380 Agreement- The 380 Agreement between Taylor Morrison and the City for construction of the Bee Cave Parkway IIIB extension was tabled due to a lack of paperwork.  Ultimately, the plan is for Taylor Morrison to front $800,000.00 of the funds to complete the project which is $400,000.00 contribution and $400,000.00 in up front permitting and fees.   The estimated cost of the project is $3,913,017.00 according to Friese and Nichols

3)  Judge Garza’s salary was increased to $2,750.00 monthly effective February, 2011.

4)  Cash Construction has nearly completed Bee Cave Parkway Phase IIIA which is the 500 foot stub directly across the street from Hamilton Pool Road on Highway 71.  Although CVS plans to ultimately build on the southeast corner of the intersection, at this time the stub will remain dormant and unstriped.

5) Acceptance of paving and drainage in Falconhead West.  Giancarlo Patino, city engineer, recommended the acceptance of the 2nd and 3rd construction phases subject to a 1 year maintenance bond and the matter met the Council’s approval.  Additionally, the City will commence inspections on future roads built within the City.  This issue is at least partially derived from the residents’ of Coopers Hawk and American Kestrel seeking to have the roads taken over by the City because the quality of the roads are in question.

6)   Chief Pancoast presented the City’s racial profiling report.  Of 2586 stops:

Bob Dorsett, Jr.

Bee Cave City Council

Fox 7 interview transcript regarding Planet K

Bee Cave Residents Oppose Adult Store

Updated: Wednesday, 06 Apr 2011, 8:40 AM CDT
Published : Tuesday, 05 Apr 2011, 10:13 PM CDT

Residents of Bee Cave are upset at the prospect of Planet K, an adult gift shop and smoke shop opening in their community.

The owner of Planet K, an adult smoke and gift shop, recently bought the Trading Post building on Highway 71 and Bee Caves Road and plans to open his next shop there.

“We have five locations in san antonio, five locations in Austin, one location in San Marcos and we’ve never had any difficulties in terms of being a good neighbor,” said Planet K owner Michael Kleinman.

Monday, the Bee Cave City Council called a special meeting and voted to ban the use and sale of synthetic marijuana and related paraphernalia. Council members also voted to ban murals on the exterior walls of buildings. Most Planet K locations have large painted murals on their exterior walls.

“There’s requirements they have to follow and the whole goal here is to make sure those ordinances are clear,” said council member Bob Dorsett Jr. He said he’s received more than 100 emails from concerned citizens.

“I can only speak for myself and personally I’ve received a deluge, probably three to five a day emails just from concerned citizens that a Planet K could be going in over there. The concerns I’m hearing are general: I want to protect my children, I want to protect my community, this is an old-fashioned community.”

One resident has started a blog titled, “Stop Planet K.” Wanda Rosello works in Bee Cave and said she was shocked to hear the business may be opening there.

“I do my shopping and everything in this area and im kind of concerned about the clientele that would be coming in here and the different atmosphere it would create in our community,” she told FOX 7.

A stop work notice posted on the front of the building cites that remodeling was done without getting the proper permits from the city of Bee Cave.

“We have to get all the permits and we’re attempting to do that now,” said Kleinman. He says he’ll fight the council’s decision to ban murals and he’s moving forward with opening his business. You have to be 18 years old or accompanied by a parent to enter Planet K.

Special Bee Cave Council Session- April 4, 2011

I apologize for delayed entry of a few “back meetings.”  Work has been busy lately.

Ord 76- Prohibits possession, use ingestion, distribution, delivery and sale of certain cannabis, substances containing methylenedioxypyrovalerone (mdpv).

—dissuade the sale and use-teach them right and wrong

Ord 77- sexually oriented business clarification.

Ord 78-  information required to be submitted in building permit applications.  Use and no blackout.

Ord 79- sign regulations- murals are considered signs.

Bee Cave City Council Meeting 4-12-11

1)  Change entrance slightly to Ladera Ranch on Parkway and agree to waive portions of zoning amendment fees.

2)  Chapter 380 Agreement with Taylor Morrison was approved 3-2 (Dorsett, Bockius and McKool in favor and Murphy and Goodwin against) based on Taylor Morrison’s contribution of $800,000.00 to build the Bee Cave Parkway final phase.    Two clarifications were made in the meeting-  Taylor Morrison’s funds will not go hard until after they close on the property and the City will agree to issue a “Notice to Proceed” with construction no later than 10/31/11.

3)  The Backyard is booking dates for the 2011 season including an April 30, 2011 Willie Nelson Birthday Celebration.  They appeared tonight seeking a special event permit for this season.  However, the punch list of items necessary to bring the Backyard up to par regarding health and safety is tremendous.  The Backyard representatives committed to expedite the work.   The VIP section, restrooms, retention pond, artist compound and silt fencing must be to code prior to the first show.   The temporary permit was approved by vote of 3-2 (Murphy, Dorsett and McKool in favor and Bockius and Goodwin against).

4)  A committee, including councilmen Goodwin and Murphy, was appointed to review the RFP’s for the architect and engineer for the design of the repairs to city hall.

5)  Two associate judges were appointed unanimously to assist Judge Garza during the time of his absence.  The appointed associate judges are Donna Beckett and Belinda Herrera.  Ms. Beckett has been serving as an associate judge in the Austin Municipal Court since 1999 and Ms. Herrera has been serving as a substitute Municipal Judge since 2001.  We welcome our new judges.

6)  The Council agreed to participate in the creation of the “Coalition of Central Texas Utilities Development Corporation.”  This committee is being formed to analyze the matter and potentially participate in the purchase the LCRA water plants.

Bob Dorsett, Jr.

Bee Cave City Council

Bee Cave City Council Meeting- February 22, 2011

Audit Report:  Revenues over expenditures 783,000.00.  Goal is to keep 90 days of expenditures and the City is in excellent financial state.   Positive budget variance of $672,000.00 in revenues and $350,000 in expenditures.

Galleria Zoning amendments to the Planned Development District.  The Galleria purchased the Bohl’s tract of land adjacent to the Gold’s Gym and existing Galleria.  They seek to have the land added to the PDD for purposes of moving the existing drainage pond and potentially adding retail space.  The Galleria agreed that if the area becomes impervious, the land will not be subject to the 380 agreement and the city agreed it would then not count against the Galleria’s cap on retail space.   He has agreed to utilize pervious concrete for the Whole Foods parking lot and the City agreed to grant 50% impervious cover credit.

The Galleria is also asking for an increase to 38,000 square feet for the Whole Foods pad.  Additionally, he asks for a determination that there is no maximum amount of parking space.

The Galleria asked for full credit from the VFW tract for purposes of impervious cover and so long as the credit is granted the land will remain pervious.  For purposes of the LTYA, this facilitates long term use of the VFW baseball field for the children.  Additionally, last week, Chad Wilbanks and John Nelms, LTYA Executive Director, met with Frank Salvato regarding LTYA opportunities.

Regarding the existing hike and bike trail, the Galleria agreed to contribute 12,000.00 to building  an extension of the existing trail down Bee Cave Parkway to 620 at the City Park.   However, they do not want to be responsible for building the trail.  Of significance, the Galleria requested that any impervious cover built on the Staats property not be attributed to the Galleria.  This is significant as talks begin regarding the possibility of sports fields at the location.

The council granted a variance for a retaining wall in Falconhead West to facilitate the pouring of a driveway.

The State Comptroller distributed 654 million in local sales taxes this month.  Bee Cave enjoyed a 12.67%, Briarcliff 13.54% and Lakeway 10.23%.

Finally, the Council approved a proposal from LNV Engineers for City street maintenance.

Bob Dorsett, Jr.   Bee Cave City Council

Bee Cave prevails against the LCRA according to the TCEQ Administrative Law Judge. Ruling not final. 2-10-11

Residents of Falconhead, Falconhead West and Bee Cave,

Do you remember signing the petitions we distributed in October, 2007  agreeing to fight the LCRA rate increase?  Those petitions were turned over to the City of Bee Cave who brought an appeal on the City’s behalf against the water rate increase.  It has been a long time coming, but please find attached the Administrative Law Judge’s (ALJ) draft Order and Proposal for Decision regarding the trial of the LCRA rate increase appeal.   Although this is not a final order until signed by TCEQ, the ALJ found almost entirely in favor of Bee Cave and against the LCRA.

In short, Judge Card found:

1)   That the LCRA’s rate setting procedures should be based on actual expenses rather than forecast expenses;

2)   The LCRA’s allocator for shared expenses was not just and reasonable and that the LCRA should utilize labor hours as the cost allocator rather than use of volumes;

3)   That approximately $1.25 million should be removed from LCRA’s cost pool prior to calculating shared and direct expenses;

4)  Because the Order finds against LCRA on its use of the 2010 budget forecast and its use of relative volumes as an allocator, LCRA is not entitled to recover $959,490.97 in litigation expenses defending the rate case;

5)  LCRA should pay all costs for the hearing transcripts (Approx. $13,520.00);

6)  Judge Card ordered that if the rates established by the Order are above the interim rates (current rate freeze), LCRA can recover those lost revenues; and

7) a new analysis of the revenue requirement is being conducted and the requirements are expected to decrease substantially.

Proposal for Decision- Appeal of LCRA Rate Increase 2-9-2011

Draft Order Regarding Bee Cave Appeal of LCRA Water Rate Increase 2-9-2011

Please feel free to give me a call with any questions or concerns.   This is great news on the front end, however, assuming the Order is signed by the TCEQ,  an appeal by the LCRA is possible.

Bob Dorsett, Jr.

Bee Cave City Council