City Council & Board of Adjustment Regular Meeting

- ~ - - - CITY COUNCIL & BOARD OF ADJUSTMENT · \ ~J REGULAR MEETING '-..__/ City of Dripping Springs DRIPPING SPRINGS Council Chambers, 511 Mercer St, Dripping Springs, TX Texas Tuesday, January 18, 2022 at 6:00 PM MINUTES CALL TO ORDER AND ROLL CALL With a quorum of the City Council present, Mayor Foulds, Jr. called the meeting to order at 6:00 p.m. Citv Council Members present were: Mayor Bill Foulds, Jr. Mayor Pro Tem Taline Manassian Council Member Place 2 Wade King Council Member Place 3 Geoffrey Tahuahua (arrived at 6:40 p.m.) Council Member Place 4 April Harris Allison Council Member Place 5 Sherrie Parks Staff, Consultants & Appointed/Elected Officials present were: City Administrator Michelle Fischer Deputy City Administrator Ginger Faught City Treasurer Shawn Cox City Secretary Andrea Cunningham Communications & Marketing Director Lisa Sullivan Parks & Community Services Director Kelly Schmidt Planning Director Howard Koontz Senior Planner Tory Carpenter Planning Assistant Warlan Rivera City Engineer Chad Gilpin Planning & Zoning Commission Chair Mim James TIRZ Project Manager Keenan Smith Special Counsel Cristian Rosas-Grillet CITY COUNCIL & BOARD OF ADJUSTMENT REGULAR MEETING PLEDGE OF ALLEGIANCE Council Member King led the Pledge of Allegiance to the Flag. PROCLAMATIONS 1. Proclamation of the City of Dripping Springs Memorializing Wayne E. Smith. Sponsor: Mayor Foulds, Jr. City Co1111cil & Board ofAdjustment Ja1111aJJ' 18, 2022 Regular Meeting lvfi1111tes Page 1 o/9  Council Member King read the proclamation. Via unanimous consent, the City Council approved the Proclamation Memorializing Wayne E. Smith. PRESENTATION OF CITIZENS A member of the public who desires to address the City Council regarding any item 011 an agenda for an open meeting may do so at presentation of citizens before an item or at a public hearing for an item during the City Council's consideration of tlwt 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 of citizens or during each public hearing. Speakers may not cede or pool time. Members of the public requiring the assistance of a translator will be given twice the amount of time as a member of the public who does not require the assistance ofa translator to address the City Council. It is the request of the City Council that members ofthe public wishing to speak 011 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 from the city secretmy. By law 110 action may be taken during Presentations of Citizens. No one spoke during Presentation of Citizens. Mayor Pro Tern Manassian exited the Council Chambers at 6:06 p.m. BOARD OF ADJUSTMENT CALL TO ORDER AND ROLL CALL With a quorum of the Board of Adjustment present, Chair Foulds, Jr. called the Board to order at 6:07 p.m. Board ofAdi11stme11t Members present were: Board Chair Bill Foulds, Jr. Board Member Wade King Board Member April Harris Allison Board Member Sherrie Parks Alternate Board Member Charles Busbey Alternate Board Member Joe Volpe Board ofAdiustment Members absent were: Board Member Taline Manassian Board Member Geoffrey Tahuahua BOARD OF ADJUSTMENT AGENDA 2. Public hearing and consideration of approval of VAR2021-0022: an application for Special Exception to allow the expansion of a nonconforming structure located at 102 Bluff Street, Dripping Springs, Texas. Applicant: Joe Grasso, P.E.; Doucet & Associates. a. Applicant Presentation - John Doucet gave a presentation on the item. City Council & Board ofAdjustment }a,11/(1/)1 } 8, 2022 Regular Meeting Minutes Page 2 o/9  b. Staff Report - Tory Carpenter presented the staff report which is on file. Staff reconunends approval of the item. c. Planning & Zoning Commission Report - Chair James presented the report. The Commission recommended City Council approval 5 to 0. d. Public Hearing - No one spoke during the Public Hearing. e. Special Exception - A motion was made by Board Member Harris-Allison to approve VAR2021-0022: an application for Special Exception to allow the expansion of a nonconforming structure located at 102 Bluff Street, Dripping Springs, Texas. Board Member Volpe seconded the motion which carried unanimously 6 to 0. CITY COUNCIL Mayor Pro Tem Manassian returned to the Council Chambers. 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 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 necessa,y However, a City Council Me111ber or citizen 111ay request separate deliberation for a specific ite111, in which event those items will be re111oved from the consent agenda prior to the City Council voting on the consent agenda as a collective, singular ite111. Prior to voting on the consent agenda, the City Council may add additional items that are listed elsewhere on the sa111e agenda. 3. Approval of the January 4, 2022, City Council regular meeting minutes. 4. Approval of the December 2021 City Treasurer's Report. 5. Approval of Parks & Community Services department seasonal program staff job descriptions for Coyote Kids Nature Camp. Sponsor: Council A1ember Parks. 6. Approval of a Resolution of the City of Dipping Springs, Texas, approving and accepting a construction bond for Driftwood Club Core Phase 1 water and wastewater. Filed as Resolution No. 2022-R03 7. Approval of a Resolution of the City of Dipping Springs, Texas, approving and accepting a construction bond for Driftwood Club Core Phase 2 water and wastewater. Filed as Resolution No. 2022-R04 A motion was made by Mayor Pro Tern Manassian to approve Consent Agenda items 3 - 7. Council Member Parks seconded the motion which carried unanimously 4 to 0. City Co1111cil & Board ofAdjustment Ja1111a1y 18, 2022 Regular Meeting Minutes Page 3 of9 A motion was made by Mayor Pro Tern Manassian to consider Business Agenda Item No. 15 out of order and to adjourn into Executive Session under Texas Government Code Section 551.071, Consultation with City Attorney and regarding Business Agenda Item No. 15. Council Member Harris-Allison seconded the motion which carried unanimously 4 to 0. EXECUTIVE SESSION 1s: Public hearing and consideration of approval of CUP2021-0006: an application for a Conditional Use Pennit for an accessory dwelling unit at 106 Bonnie Drive, Dripping Springs, Texas. Applicant: Todd Larsen The City Council met in Executive Session from 6: 19 p.m. - 6:30 p.m. There was no vote or action taken during Executive Session. Mayor Foulds, Jr. returned the meeting to Open Session at 6:30 p.m. OPEN SESSION BUSINESS AGENDA 15. Public hearing and consideration of approval of CUP2021-0006: an application for a Conditional Use Permit for an accessory dwelling unit at 106 Bonnie Drive, Dripping Springs, Texas. Applicant: Todd Larsen a. Applicant Presentation - Todd Larsen gave a presentation on the item. b. Staff Report - Tory Carpenter presented the staff report which is on file. Staff reconunends approval of the conditional use permit with the following conditions: ( 1) CUP does not expire. (2) Minimum of two off-street parking spaces for the ADU must be provided in addition to any other parking requirements. (3) The ADU may not be sold separately from the primary structure. c. Planning & Zoning Commission Report - Chair James presented the report. The Commission recommended City Council approval, with staff conditions, 5 to 0. d. Public Hearing - No one spoke during the Public Hearing. e. Conditional Use Permit-A motion was made by Mayor Pro Tern Manassian to deny approval of CUP2021-0006: an application for a Conditional Use Permit for an accessory dwelling unit at 106 Bonnie Drive, Dripping Springs, Texas. Council Member Harris- Allison seconded the motion which carried unanimously 5 to 0. 8. Discuss and consider approval of a Professional Services Agreement between the City of Dripping Springs and HDR Engineering, Inc. related to the TIRZ Old Fitzhugh Road Project. Sponsor: Mayor Pro Tem Manassian City Council & Board ofAdjustment Ja1111mJ' 18, 2022 Regular Meeting Minutes Page 4 o.f9  Keenan Smith presented the staff report which is on file. Staff recommends approval of the agreement. A motion was made by Council Member King to approve a Professional Services Agreement between the City of Dripping Springs and HDR Engineering, Inc. related to the TIRZ Old Fitzhugh Road Project. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. 9: Discuss and consider approval of expenditure of funds on Rob Shelton Improvements as provided for in the Ashton Woods (Cannon) Off Site Road Agreement. Applicant: Steven Pierce, Ashton Woods Chad Gilpin presented the staff report which is on file. Staff recommends approval of the agreement. Via unanimous consent, the City Council tabled this item until after item 11. Joe Grasso with Doucet & Associates gave a presentation which is on file. A motion was made by Council Member King to approve the expenditure of funds on Rob Shelton Improvements as provided for in the Ashton Woods (Cannon) Off Site Road Agreement as presented and with five-foot (5') sidewalks where possible. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. 10. Consideration and discussion regarding approval of a Proposal for a City Hall Needs Assessment from HDR Engineering, Inc. and authorization of City Staff to negotiate and execute a Professional Services Agreement with HDR Engineering for a City Hall Needs Assessment and to issue Task Orders #1 and #2. Sponsor: Mayor Foulds, Jr. Michelle Fischer and Keenan Smith presented the staff report, which is on file, and Keenan introduced project engineer Chris Casey with HDR Engineering, Inc. Staff recommends approval of the proposal. A motion was made by Mayor Pro Tern Manassian to approve a Proposal for a City Hall Needs Assessment from HDR Engineering, Inc. and authorization of City Staff to negotiate and execute a Professional Services Agreement with HDR Engineering for a City Hall Needs Assessment and to issue Task Orders # 1 and #2. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. 11. Public hearing and consideration of approval of an Ordinance of the City of Dripping Springs, Texas amending the current 2021-2022 Fiscal Year Budget; Finding Municipal Purposes; Authorizing Expenditures. A motion was made by Mayor Pro Tern Manassian to approve an Ordinance of the City of Dripping Springs, Texas amending the current 2021-2022 Fiscal Year Budget; Finding Municipal Purposes; Authorizing Expenditures. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. Filed as Ordinance No. 2022-01 City Council & Board ofAdjustment ]Olll/(IJJI } 8, 2022 Regular Meeting Minutes Page 5 of9  The City Council returned to consider tabled item 11. 12. Discuss and consider selection of contractor and alternates from statements of qualifications for Comprehensive Planning services to update the City's Comprehensive Plan and authorize staff to finalize Professional Services Agreement with selected contractor. Sponsor: Mayor Foulds, Jr. Howard Koontz presented the staff report which is on file. Staff recommends the selection of DTJ Design. A motion was made by Mayor Pro Tem Manassian to select DTJ Design as the contractor and Freese & Nichols as the alternate for Comprehensive Pla1rning services to update the City's Comprehensive Plan and to authorize staff to finalize Professional Services Agreement. Council Member Parks seconded the motion which carried unanimously 5 to 0. 13. Discuss and consider approval of a Resolution and Agreement extending access to City health benefits to the Dripping Springs Visitors Bureau under current City contract with Texas Municipal League Health Benefits Pool. Sponsor: Mayor Foulds, Jr. A motion was made by Council Member Harris-Allison to approve a Resolution and Agreement extending access to City health benefits to the Dripping Springs Visitors Bureau under current City contract with Texas Municipal League Health Benefits Pool. Council Member King seconded the motion which carried unanimously 5 to 0. Filed as Resolution No. 2022-R0S 14. Discuss and consider approval of the Dripping Springs High School Baseball Booster Club's request for a street closure of Bluff Street and Wallace to host their annual washer tournament fundraiser on February 12, 2022. Sponsor: Council Member Parks. A motion was made by Council Member Parks to approve the Dripping Springs High School Baseball Booster Club's request for a street closure of Bluff Street and Wallace to host their airnual washer tournament fundraiser on February 12, 2022. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. 15. Public hearing and consideration of approval of CUP2021-0006: an application for a Conditional Use Permit for an accessory dwelling unit at 106 Bonnie Drive, Dripping Springs, Texas. Applicant: Todd Larsen The City Council considered this item earlier in the agenda. a. Applicant Presentation b. Staff Report / PZC Report c. Public Hearing d. Conditional Use Permit 16. Discuss and consider approval of Administrative Leave Request for Sherry Canady, Records Management Clerk. Sponsor: Mayor Foulds, Jr. City Co1111cil & Board ofAdj11st111e11t Ja1111mJ' 18, 2022 Regular Meeting Mi1111tes Page 6 o/9  A motion was made by Council Member Tahuahua to approve an Administrative Leave Request for Sherry Canady, Records Management Clerk through April 1, 2022. Council Member Parks seconded the motion which carried unanimously 5 to 0. REPORTS Reports of Staff, Boards, Commissions, Committees, Boards and Agencies. All reports are on file and available for review upon request. The City Council may provide staff direction; however, 110 action may be taken. There were no reports presented. A motion was made by Mayor Pro Tern Manassian to adjourn into Executive Session under Texas Govenunent Code Sections 551.071, Consultation with City Attorney and 551.072, Deliberation of Real Property and regarding Executive Session Agenda items 17 and 20. Council Member Parks seconded the motion which carried unanimously 5 to 0. EXECUTIVE SESSION AGENDA The City Council for the City of Dripping 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 item from Executive Session to Open Session for action. 17. Consultation with City Attorney regarding legal issues related to planning matters, wastewater capacity, comprehensive plan, and processes related to approvals. Consultation with City Attorney, 551.071 18. Consultation with City Attorney and deliberation regarding real property related to Village Grove project. Consultation with Attomey, 551.071; Deliberation regarding Real Property, 551.072 19. Deliberation of Personnel Matters regarding the job description, compensation, benefits, and employment of the Records Management Clerk. Deliberation of Personnel Matters, 551.074 20. Consultation with City Attorney and Deliberation of Real Property regarding property acquisition related to the South Regional Water Reclamation Project. Consultation with City Attorney, 551.071; Deliberation ofReal Property, 551.072 The City Council met in Executive Session from 8:01 p.m. -8: 18 p.m. No vote or action was taken during Executive Session. Mayor Foulds, Jr. returned the meeting to Open Session at 8: 18 p.m. City Council & Board ofAdjustment Jm111mJ' 18, 2022 Regular Meeting Minutes Page 7 o/9 OPEN SESSION A motion was made by Mayor Pro Tern Manassian to pull Executive Session Agenda Item 20 into Open Session for action. Council Member Harris-Allison seconded the motion which carried unanimously 5 to 0. 20. Consultation with City Attorney and Deliberation of Real Property regarding property acquisition related to the South Regional Water Reclamation Project. Consultation with City Attorney, 551.071; Deliberation ofReal Property, 551.072 A motion was made by Mayor Pro Tern Manassian to approve a Resolution of the City of Dripping Springs determining a public need and necessity for the acquisition of certain property for the South Reginal Water Reclamation Project and authorizing the City Attorney to file proceedings in eminent domain to require said property of interest as discussed in Executive Session. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. Filed as Resolution No. 2022-R06 UPCOMING MEETINGS Citv Co1111cil & Board o[Adiustme11t Meetings January 25, 2022, at 5:00 p.m. (Exceptions & Waivers) February 1, 2022, at 6:00 p.m. (CC & BOA) February 8, 2022, at 5:00 p.m. (Exceptions & Waivers) February 15, 2022, at 6:00 p.m. (CC) February 22, 2022, at 5:00 p.m. (Exceptions & Waivers) Board, Co111111issio11 & Committee Meetings January 20, 2022, Farmers Market Committee at 10:00 a.m. January 20, 2022, Emergency Management Commission at 12:00 p.m. January 24, 2022, Transportation Committee at 3:30 p.m. January 24, 2022, Founders Day Commission at 6:30 p.m. January 25, 2022, Planning & Zoning Commission at 6:00 p.m. January 26, 2022, Economic Development Committee at 4:00 p.m. ADJOURN A motion was made by Council Member Harris-Allison to adjourn the meeting. Council Member King seconded the motion which carried unanimously 5 to 0. This regular meeting adjourned at 8:21 p.m. City Co1111cil & Board ofAdjustment ](l/1/1(//JI ] 8, 2022 Regular Meeting Minutes Page 8 of9  APPROVED ON: February 1, 2022 Bill Foul~ ATTEST: f!t.cJJ City Co1111cil & Board ofAdjustment Jal/U(IJ)I }8, 2022 Regular Meeting Minutes Page 9of9