City Council & Board of Adjustment Regular Meeting

CITY COUNCIL & BOARD OF ADJUSTMENT REGULAR MEETING City of Dripping Springs Council Chambers, 511 Mercer St, Dripping Springs, TX Tuesday, July 06, 2021 at 6:00 PM MINUTES CALL TO ORDER AND ROLL CALL Citv Council Members Mayor Bill Foulds, Jr. Mayor Pro Tern Taline Manassian Council Member Place 2 Wade King Council Member Place 3 Geoffrey Tahuahua Council Member Place 4 April Harris Allison Council Member Place 5 Sherrie Parks Staff, Cousultauts & Appointed/Elected Officials City Administrator Michelle Fischer Deputy City Administrator Ginger Faught City Attorney Laura Mueller Finance Director Shawn Cox City Secretary Andrea Cunningham Communications Director Lisa Sullivan IT Coordinator Misty Dean Parks & Community Services Director Kelly Schmidt DSRP Manager Emily Nelson Programs & Aquatics Manager Mack Rusick Emergency Management Coordinator Roman Baligad City Engineer Chad Gilpin Transportation Consultant Leslie Pollack, HDR Engineering Planning Consultant Robyn Miga Planning & Zoning Commission Chair Mim James WORl(SHOP The City Council did not hold a Workshop. Workshop items are for discussion only and no action will be taken. 1. Presentation and discussion regarding the City of Dripping Springs Fiscal Year 2021- 2022 Municipal Budget. City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page I of 10  CITY COUNCIL & BOARD OF ADJUSTMENT REGULAR MEETING PLEDGE OF ALLEGIANCE Mayor Pro Tern Manassian led the Pledge of Allegiance to the Flag. PRESENTATION OF CITIZENS A member ofthe public 1-11ho desires to address the City Council regarding any item on an agenda for an open meeting may do so at presentation ofcitizens before an item or at a public hearing/or an item during the City Council's consideration oftlwt item. Citizens wishing to discuss matters not contained within the current agenda may do so, but only during the time allotted for presentation of citizens. Speakers are allowed two (2) minutes to speak during presentation ofcitizens or during each public hearing. Speakers may not cede or pool time. 1\1.fembers of the public requiring the assistance of a translator will be given twice the amount oftime as a member of the public who does not require the assistance ofa translator to address the City Council. It is the request ofthe City Council that members of the public wishing to speak on item(s) on the agenda with a noticed Public Hearing hold their comments until the item(s) are presented for consideration. Speakers are encouraged to sign in. Anyone may request a copy of the City 's policy on presentation of citizens fi·om the city secretary. By law no action may be taken during Presentations of Citizens. No one spoke during Presentation of Citizens. PROCLAMATIONS & PRESENTATIONS 2. Approval of a Proclamation proclaiming the month of July 2021 as "Parks and Recreation Month" in the City of Dripping Springs. Sponsor: Councilmember King. Council Member King and Kelly Schmidt read the proclamation. Via unanimous consent, the City Council approved a Proclamation proclaiming the month of July 2021 as "Parks and Recreation Month" in the City of Dripping Springs. BOARD OF ADJUSTMENT CALL TO ORDER AND ROLL CALL Board o{Adiustme11t Members present were: Board Chair Bill Foulds, Jr. Board Member Taline Manassian Board Member Wade King Board Member Geoffrey Tahuahua Board Member April Harris Allison Board Member Sherrie Parks BOARD OF ADJUSTMENT AGENDA 3. Public hearing and consideration of approval regarding VAR2021-0008: an application to consider a Special Exception to Parking Requirements for the property located at 249 Sportsplex Dr., Dripping Springs, TX 78620 (Legal Description: 1.293 Acres in the City Council & Board ofAdjustment J uly 6, 2021 Workshop & Regular Meeting Minutes Page 2 of JO  JWLP FAMILY Survey, Lot 6, Hays County). The applicant is asking for a special exception to Section 5.7.6 of the Zoning Ordinance which requires buildings with mixed uses to calculate parking requirements for the most intense use. As well as a variance to Section 5.6.2 Parking Based on use the applicant is proposing a different parking ratio for medical office. The last request is to utilize existing parking. Applicant: Jon Thompson a. Presentation Chris Nygard presented the item. b. Staff Report Robyn Miga presented the staff report which is on file. Staff recommends denial of the special exception. c. Planning and Zoning Commission Report Chair James: Commission recommended denial 6 to 0 d. Public Hearing - No one spoke during the Public Hearing. e. Special Exception A motion was made by Board Member Manassian to deny approval of V AR2021-0008: an application to consider a Special Exception to Parking Requirements for the property located at 249 Sportsplex Dr., Dripping Springs, TX 78620 (Legal Description: 1.293 Acres in the JWLP FAMILY Survey, Lot 6, Hays County). Board Member Tahuahua seconded the motion which carried unanimously 6 to 0. 3. Public hearing and consideration of approval regarding VAR2020-0026: Special Exception Application to consider a variance to encroach within the setback defined in Chapter 30, Exhibit B, Planned Development District 10, 2.4.5 (b) and the Public Utility Easement for two (2) corner lots within the Planned Development District No. 10 (PDD 10) at the properties located at 133 Dome Peak Terrace and 159 Delaware Mountains Terrace (Lot 9, Block 9 and Lot 9, Block 10 of Big Sky Ranch, Phase 1). Applicant: Christopher A. Reid, PE Applicant requested to witlu/raw tl,e applirntio11. Chair Foulds, Jr. opened the Public Hearing to which no one spoke. No action was taken on this item. CITY COUNCIL CONSENT AGENDA The following items are anticipated to require little or no individualized discussion due to their nature being clerical, ministerial, mundane or routine. In an effort to enhance the efficiency of City Council City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page3 of10 meetings, it is intended that these items will be acted upon by the City Council with a single motion because no public hearing or determination is necessary. However, a City Council Jvlember or citizen may request separate deliberation for a specific item, in ·which event those items will be removed from the consent agenda prior to the City Council voting on the consent agenda as a collective, singular item. Prior to voting on the consent agenda, the City Council may add additional items that are listed elsewhere on the same agenda. 5. Approval of the June 8, 2021 City Council & Board of Adjustment regular meeting minutes, and the June 15, 2021 City Council workshop and regular meeting minutes. 6. Approval of a Resolution Accepting Improvements as Complete and Approving a Maintenance Bond for Arrowhead Ranch Subdivision Phase 3 Streets, Drainage, and Wastewater Improvements, and Releasing a Construction Bond. Filed as Resolution No. 2021-R20 7. Approval of the termination of the existing Professional Services Agreement between the City of Dripping Springs and Daikin Applied, and approval of a new Professional Services Agreement between the City of Dripping Springs and Daikin Applied related to HVAC services at the Dripping Springs Ranch Park & Event Center. Sponsor: Council 1\1ember King 8. Approval of an Agreement between the City of Dripping Springs and Jani-King for Custodial Services at Dripping Springs Ranch Park for regular and post-event cleaning. Sponsor: Council 1\1ember King A motion was made by Mayor Pro Tern Manassian to approve Consent Agenda Items 5 - 8. Council Member King seconded the motion which carried unanimously 5 to 0. BUSINESS AGENDA Via unanimous consent, Items 9 - 12 were presented together and taken up in one motion. Steven Pierce gave a presentation on items 9 - 12 which is on file. Laura Mueller presented the staff report for items 9 - 12 which is on file. Staff recommends approval of items 9 - 12. 9. Public Hearing and consider approval of an Ordinance and Annexation Agreement regarding approximately 101 acres of the Cannon Tract on the northern portion of Cannon Ranch just east of Rob Shelton and just south of Founders Park Road. Applicant: Steven Pierce, Ashton Austin, L.L. C. a. Presentation b. Staff Report c. Public Hearing Chuck Miller spoke in favor of the aimexation but has concerns regarding City reimbursement for construction costs. City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page 4 of 10  d. Ordinance e. Agreement 10. Public hearing and consideration of approval of an Ordinance enacting PDD # 12 and rezoning a property from Agriculture (AG) to PDD # 12 with base zoning of SF-3, the property being an approximately 101 acre portion of the Cannon Tract directly south of Founders Park Road and directly east of Rob Shelton Boulevard at A0415 Philp A Smith Survey, A0044 Edward W Brown Survey, A0475 Wm Walker Jr Survey, ABS 673 IV Davis Jr Survey, ABS 693 IV Davis Jr Survey. Applicant: Steven Pierce, Ashton Austin Residential, L.L. C. a. Presentation b. Staff Report c. Planning & Zoning Commission Report Chair James: Commission recommended approval 6 to 0 d. Public Hearing - No one spoke during the Public Hearing. e. Zoning Ordinance: PDD No. 12 11. Discuss and consider approval of an Offsite Road Agreement between the City of Dripping springs and Ashton Austin Residential, L.L.C. related to improvements on the Cannon Ranch Tract and Rob Shelton Boulevard. Applicant: Steven Pierce, Ashton Austin Residential, L.L. C. 12. Discuss and consider approval of a Utility Agreements for Wastewater Service and Water Service between the City of Dripping Springs and Ashton Austin Residential for an approximately 97 acre tract in Cannon Ranch for up to 375 dwelling units. Applicant: Steven Pierce, Ashton Austin Residential, L.L.C. A motion was made by Mayor Pro Tern Manassian to approve Business Agenda Items 9 - 12. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. Annexation Filed as Ordinance No. 2021-23 PDD No. 12 Filed as Ordinance No. 2021-24 13. Public hearing and consideration of approval for a Sign Variance Request to allow two flags with noncommercial messages to exceed the maximum height and area allowed at Dreamland, located at 2770 W. Highway 290, Dripping Springs, Texas. Applicant: Greg Bland, CEO, Dreamland a. Presentation Greg Bland presented the item. b. Sign Administrator Report Michelle Fischer presented the Sign Administrator's report which is on file. City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page 5 of JO  c. Public Hearing Lee Sawyer spoke in favor of granting the sign variance request. A motion was made by Council Member Tahuahua to adjourn into Executive Session under Texas Government Code Section 551.071, Consultation with City Attorney and regarding Business Agenda Item 13. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. EXECUTIVE SESSION The City Council met in Executive Session from 7:30 p.m. - 8:02 p.m. No vote or action was taken during Executive Session. A motion was made by Council Member Harris-Allison to return to Open Session. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. Mayor Foulds, Jr. returned the meeting to Open Session at 8:02 p.m. OPEN SESSION Mayor Foulds, Jr. returned the meeting to Open Session and continued with Agenda Item 13d. d. Sign Variance Request A motion was made by Council Member Tahuahua to approve a Sign Variance Request to allow two flags with noncommercial messages to exceed the maximum height and area allowed at Dreamland, located at 2770 W. Highway 290, Dripping Springs, Texas with the following conditions: (1) No more than one (1) flag per flagpole. (2) Should the owner/operator decide to add lighting to the flags, lighting shall be in compliance with the City's lighting ordinance. (3) Sign Variance Request is granted only to Dreamland as that company has filed with the Secretary of State and is not transferable to future owners. (4) Owner/operator shall provide the City Engineer a copy of the stamped engineering plans and reports related to the installation of both flag poles within thirty (30) days for review and acceptance. (5) Only two (2) poles are granted with one (1) flag each are granted, and should the poles be damaged or require replacement the owner/operator is required to reapply for Sign Variance Request: (a) Pole 1: no more than 150' (feet) in height, with a flag no more than 60' x 80', or no more than 4800 square feet; and (b) Pole 2: no more than 80' (feet) in height, with a flag no more than 30' x 60', or 1800 square feet. Council Member King seconded the motion which carried 4 to 1, with Mayor Pro Tern Manassian opposed. Mayor Foulds, Jr. stepped away from the dais and Mayor Pro Tem Manassian presided over the meeting. City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting lvfinutes Page 6 ofJO  14. Discuss and consider approval of a Job Description for Dripping Springs Ranch Park Assistant Manager Position. Sponsor: Counc;/ lvfember King. Michelle Fischer presented the staff report which is on file. Staff recommends approval of the job description. A motion was made by Council Member Harris-Allison to approve a Job Description for Dripping Springs Ranch Park Assistant Manager Position. Council Member King seconded the motion which carried unanimously 5 to 0. 15. Discuss and consider approval of a Resolution amending the Dripping Springs Farmers Market Rules. Sponsor: Nfayor Pro Tem lvfanassian Charlie Reed presented the staff report which is on file. Staff recommends approval of the resolution. A motion was made by Council Member King to approve a Resolution amending the Dripping Springs Farmers Market Rules. Council Member Parks seconded the motion which carried unanimously 5 to 0. Filed as Resolution No. 2021-R21 16. Discuss and consider approval of the Appointment of four (4) individuals to the Planning & Zoning Commission for terms ending June 30, 2022; and the appointment of a Chair to serve a term of one year. Andrea Cunningham presented the staff repo1t which is on file. Staff recommends the reappointment ofMim James, Clu·istian Bourguignon and Jolm McIntosh. Mim James presented the Planning & Zoning recommendation also reconunending the reappointment of Mim James, Clu-istian Bourguignon and Jolm McIntosh, and the appointment of Doug Crosson. A motion was made by Council Member King to reappoint Mim James, Clu·istian Bourguignon and John McIntosh, and to appoint Doug Crosson to the Plmming & Zoning Commission for terms ending June 30, 2023; and to appoint Mim James as the Chair for a term of year. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. Mayor Foulds, Jr. returned to the dais and presided over the remainder of the meeting. 17. Discuss and consider approval of the Appointment of three (3) individuals to the Historic Preservation Commission for terms ending June 30, 2022. Andrea Cunningham presented the staff report which is on file. Staff recommends the reappointment of Emilie Kopp and Ashley Babel, and the appointment of Nichole Prescott. A motion was made by Council Member Tahuahua to reappoint Emilie Kopp and Ashley Babel, and to appoint Nichole Prescott to the Historic Preservation Commission for terms ending June 30, 2023. Mayor Pro Tern Manassian seconded the motion which carried unanimously 5 to 0. City Council & Board of Adjustment July 6, 202 1 Workshop & Regular Meeting Minutes Page 7 of10  18. Discuss and consider approval of the Appointment of six (6) individuals to the Economic Development Committee for terms ending June 1, 2022; and the appointment of a Chair to serve a term of one year. Andrea Cunningham presented the staff report which is on file. Staff recommends the reappointment of Kim Fernea, Dave Edwards, Melanie Fenelon, Whit Hanks and Keenan Smith. A motion was made by Council Member Harris-Allison to reappoint Kim Fernea, Dave Edwards, Melanie Fenelon, Whit Hanks and Keenan Smith, and to appoint Tiffany Duncan to the Economic Development Committee for terms ending June 1, 2023; and the appointment of Kim Fernea as the Chair for a term of one year. Council Member Parks seconded the motion which carried unanimously 5 to 0. A motion was made by Mayor Pro Tern Manasian to adjourn into Executive Session under Texas Governn1ent Code Sections 551.071, Consultation with City Attorney, and 551.072, Deliberation of Real Property and regarding Executive Session Agenda Items 19, 20 and 24. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. EXECUTIVE SESSION AGENDA The City Council for the City ofDripping Springs has the right to adjourn into executive session at any time during the course of this meeting to discuss any matter as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), and 551.086 (Economic Development). The City Council for the City of Dripping Springs may act on any item listed in Executive Session in Open Session or move any itemfi·om Executive Session to Open Session for action. 19. Consultation with City Attorney and Deliberation of Real Property regarding legal issues related to the South Regional Water Reclamation Expansion Project Easement Acquisition and operation of the Lazy W WCID in the Extraterritorial Jurisdiction of the City of Dripping Springs. Consultation with City Attorney, 551.071; Deliberation regarding Real Property, 551.072 20. Consultation with City Attorney and Deliberation of Real Property regarding legal issues related to Real Property for the Tax Increment Reinvestment Zone including the Town Center Project and uses. Consultation with City Attorney, 551.071; Deliberation of Real Property, 551.072 21. Consultation with City Attorney regarding legal issues related to Rob Shelton Improvements and Texas Department of Transportation and other sources of funding related to improvements and the provision of wastewater to PDD 11. Consultation with City Attorney, 551. 071 22. Consultation with City Attorney regarding legal issues related to Emergency Management, Disaster Declaration, Public Safety, and Emergency Orders. Consultation with City Attorney, 551. 071 City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page 8 of JO  23. Consultation with City Attorney and Deliberation of Real Property regarding the extension of Roger Hanks Parkway including related agreements. Consultation ·with City Attorney, 551.071,· Deliberation ofReal Property, 551.071. 24. Deliberation of Personnel Matters regarding the job description, compensation, benefits, and employment of the Planning Director and Senior Planner. Deliberation ofPersonnel Matters, 551.074 The City Council met in Executive Session from 8:45 p.m. - 9:24 p.m. No vote or action was taken during Executive Session. A motion was made by Council Member Tahuahua to return the meeting to Open Session. Mayor Pro Tem Manassian seconded the motion which carried unanimously 5 to 0. Mayor Foulds, Jr. returned the meeting to Open Session at 9:25 p.m. OPEN SESSION UPCOMING MEETINGS City Co1111cil Meetings July 20, 2021 at 6:00 p.m. August 3, 2021 at 6:00 p.m. August 12, 2021 at 6:00 p.m. (Budget Workshop) August 20, 2021at 6:00 p.m. Board, Commission & Committee Meetings July 7, 2021 DSRP Board at 12:00 p.m. July 12, 2021 TIRZ No. 1 & No . 2 Board at 4:00 p.m. July 12, 2021 Founders Day Commission at 6:30 p.m. July 13, 2021 Planning & Zoning Commission at 6:30 p.m. July 14, 2021 Utility Commission at 4:00 p.m. July 15, 2021 Farmers Market Board at 10:00 a.m. July 15, 202 1 Emergency Management Commission at 12:00 p.m. ADJOURN A motion was made by Mayor Pro Tem Manassian to adjourn the meeting. Council Member King seconded the motion which carried unanimously 5 to 0. This regular meeting adjourned at 9:25 p.m. APPROVED ON: City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page 9 of10  ATTEST: dAuu Andrea Cunningham, City Council & Board ofAdjustment July 6, 2021 Workshop & Regular Meeting Minutes Page 10 ofJO