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%

Bee Cave Traffic Today- Officer Patron funeral procession

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

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.

Kwik Lube- Planning & Zoning denies pdd request- 3-6-12

Last night the Bee Cave Planning and Zoning Commission voted 4-3 to deny the PDD zoning request from Kwik Kar.

Kwik Kar paid the publication fee again to move the public hearing for Council to March 27th due to spring break. The City will republish the public hearing notice in the newspaper.

Planning and Zoning voted as follows:

For: Horne, Smith, Flores

Against: Wood, Bliss, Lowman, Norman

Bee Cave denies Planet K’s temporary permit- 2.29.12 – Community Impact Article

I believe this article fairly describes the Council hearing. 

Bee Cave denies temporary vending permit for Planet K store

by Gene Davis

February 29, 2012

Planet K

On Feb. 28, Bee Cave City Council denied a temporary vending permit to allow Planet K to sell its merchandise outside of the former Trading Post Wine Bar & Grill building.

The unanimous vote to deny the temporary permit came weeks after a district judge issued a temporary restraining order against the city from interfering with Planet K’s business. Planet K sells imported cigarettes, pipes, erotica and more.

“I think this is indicative of how polarized both parties have become,” said Terry Irion, an attorney for Auspro Enterprises, the parent company of Planet K.

Since March 2011, Planet K has sought approval of a building permit to open inside the former Trading Post building. The city rejected multiple Planet K applications because they did not follow city ordinances, Bee Cave officials have said. A court is now expected to rule whether Planet K has a right to a building permit.

In December, Planet K began selling its products on the former Trading Post porch. More than 15 tickets have been given to Planet K employees for selling the store’s merchandise outside without a permit.

On March 7, a judge is scheduled to determine whether to extend the restraining order against the city from interfering with Planet K’s business, Irion said.

In violation of city ordinances?

The temporary vending permit considered by City Council would have lasted 30 days. Irion said Planet K was seeking a temporary vending permit to sell its goods outside because the business hoped to be able to open inside the building in the near future.

Councilman Bob Dorsett said it would be impossible for him to approve a temporary vending permit for Planet K since the business’ outside vending operation is in violation of multiple city sign and light ordinances. The Planet K vending operation has Christmas lights, an inflatable Santa Claus and signs that do not follow city code, he said.

“We’ve sat here and we’ve watched ourselves deny sign applications, deny sign variance requests that didn’t comply with statute, and to sit here and say, ‘It’s okay to grant this temporary permit knowing that we have these multiple violations of our existing ordinances’ just cannot be reconciled,” he said.

But Irion said the city had been unclear on what is permitted for a temporary vendor. Bee Cave has never issued a temporary vending permit, and Irion said the application did not exist until Feb. 13.

“This ordinance is not real well-thought out, it’s not real comprehensive,” he said.

Councilman Mike Murphy said he was hoping for a period of relative normalcy between Planet K and city leadership.

“I am a little disappointed that we don’t seem able to move off the far ends of the fence posts on both sides,” he said.