City Council & Board of Adjustment Regular Meeting

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CITY COUNCIL & BOARD OF ADJUSTMENT \ ~J REGULAR MEETING '-.__./ City of Dripping Springs DRIPPING SPRINGS Council Chambers, 511 Mercer St, Dripping Springs, TX Texas Tuesday, June 07, 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 Council Member Place 4 Travis Crow Council Member Place 5 Sherrie Parks Staff, Co11sulta11ts & Appointed/Elected Officials present were: City Administrator Michelle Fischer Deputy City Administrator Ginger Faught City Attorney Laura Mueller City Treasurer Shawn Cox City Secretary Andrea Cunningham IT Coordinator Jason Weinstock Communications & Marketing Director Lisa Sullivan Parks & Community Services Director Andy Binz Planning Director Howard Koontz Senior Planner Tmy Carpenter Public Works Director Aaron Reed DSRP Manager Emily Nelson Planning & Zoning Conunission Chair Mim James Transportation Consultant Leslie Pollack CITY COUNCIL & BOARD OF ADJUSTMENT REGULAR MEETING PLEDGE OF ALLEGIANCE Council Member King led the Pledge of Allegiance to the Flag. PRESENTATION OF CITIZENS A member ofthe pubUc who desires to address the City Council regarding any item on 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 City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page I o/8 within the current agenda may do so, but only during the lime allotted for presentation of cUizens. 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 lo address the Oty Council. It is the request of the City Council that members ofthe 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 from the city secreta1J1. By law no action may be taken during Presentations ofCitizens. No one spoke during Presentation of Citizens. BOARD OF ADJUSTMENT CALL TO ORDER AND ROLL CALL Board o[Adi11stme11t Members present were: Chair Bill Foulds, Jr. Taline Manassian Wade King Geoffrey Tahuahua Travis Crow Sherrie Parks BOARD OF ADJUSTMENT AGENDA 1. Public hearing and consideration of approval of VAR2022-0003: an application for a variance to allow more than 50% impervious cover for a property located at 410 Hazy Hills Loop, being Block A, Lot 21 of the Headwaters at Barton Creek Phase 1 subdivision. Applicant: Renee Godinez, Permit Solutions. a. Applicant Presentation - Applicant not present. b. Staff Report - Tory Carpenter presented the staff report which is on file. Staff recommends denial of the variance application. c. Planning & Zoning Commission Report - Chair James presented the report. The Commission recommend City Council denial of the variance request 7 to 0. d. Public Hearing - No one spoke during the Public Hearing. e. Variance - A motion was made by Board Member Crow to deny approval of V AR2022-0003: an application for a variance to allow more than 50% impervious cover for a property located at 410 Hazy Hills Loop, being Block A, Lot 21 of the Headwaters at Barton Creek Phase 1 subdivision. Board Member King seconded the motion which carried unanimously 6 to 0. CITY COUNCIL City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page 2 o/8 CONSENT AGENDA The following items are anticipated to require lilfle 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 necessary. However, a City Council A1ember or citizen may request separate deliberaNon 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. 2. Approval of the May 17, 2022, City Council regular meeting minutes. 3. Approval of an Ordinance approving an amended Interlocal Agreement with the Dripping Springs Independent School District for easements related to construction and improvements related to Roger Hanks Parkway including provisions related to parking, impervious cover, and compensation. Sponsor: Jo.;Jayor Foulds, Jr. Filed as Ordinance No. 2022-17 4. Approval of an 18 clay Extension to the Lease between the City of Dripping Springs and Veterans of Foreign Wars Post 2933 and the American Legion Post 290. Sponsor: Mayor Bill Foulds, Jr. 5. Approval of a Co-Sponsorship Agreement between the City of Dripping Springs and Pride of Dripping Springs for the 2022 Pride of Dripping Springs Event. Sponsor: Council 1\tJember King. 6. Approval of authorization for the Mayor to c'ast the City of Dripping Springs 2022 PEC (Pedernales Electric Cooperative) Annual Director Election ballot. 7. Approval of Fiscal Year 2023 Rate Adjustment for Legal Services Rendered by municipal prosecutor Ryan Kellus Turner. Sponsor: Jo.;Jayor Bill Foulds, Jr. 8. Approval of an IT and AV Agreement for Dripping Springs Ranch Park and Event Center between the City of Dripping Springs and Felix Media Solutions. Sponsor: Mayor Foulds, Jr. 9. Approval of the renewal of a Co-Sponsorship Agreement between the City of Dripping Springs and Texas Beef Initiative for roping practices and events. Sponsor: Council Member King. 10. Approval of the appointment of Charlie Busbey as Interim Chair of the Utility Commission in the absence oflnterim Chair Roger Kew. Sponsor: Mayor Foulds, Jr. A motion was made by Council Member Tahuahua to approve Consent Agenda Items 2 - 12. Council Member Crow seconded the motion which carried unanimously 5 to 0. City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page3 o/8 BUSINESS AGENDA 11. Discuss and consider the Appointment of Mayor Pro Tem to serve a term of one year. A motion was made by Council Member Tahuahua to appoint Council Member Manassian as Mayor Pro Tern for a term of one year. Council Member Crow seconded the motion which carried unanimously 5 to 0. 12. Discuss and consider the Appointment of Council Members to the Transportation Committee and Economic Development Committee. a. Transportation Committee - Mayor Foulds, Jr. appointed Council Member Crow to the Transportation Committee for a term of one year. b. Economic Development Committee - Mayor Foulds, Jr. appointed Mayor Pro Tern Manassian to the Economic Development Committee for a term of one year. 13. Public hearing and consideration of approval of an Ordinance adding a definition for Special Event Facility under Chapter 30, Exhibit A Zoning Ordinance, Section 1: General Provisions, Section 3: Zoning Districts, Section 5: Development Standards and Use Regulations, and Appendix E: Zoning Use Regulations. a. Staff Report - Tory Carpenter presented the staff report which is on file. Staff recommends approval of the ordinance. b. Public Hearing - No one spoke during the Public Hearing. d. Text Amendment - A motion was made by Council Member Parks to approve an Ordinance adding a definition for Special Event Facility under Chapter 30, Exhibit A Zoning Ordinance, Section 1: General Provisions, Section 3: Zoning Districts, Section 5: Development Standards and Use Regulations, and Appendix E: Zoning Use Regulations. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. Filed as Ordinance No. 2022-18 The City Council consider items 14 and 15 together. Laura Mueller presented the staff report for items 14 and 15 together. Staff recommends approval of the Interlocal Agreement and the License Agreement. 14. Discuss and consider approval of an Interlocal Agreement between Hays County, the City of Dripping Springs, and the Dripping Springs Community Foundation, in coordination with the Dripping Springs Skate Park Initiative for funding of construction of a regional skate park at the Founders Memorial Park in the City of Dripping Springs. Sponsor: J\!Jayor Pro Tem Manassian 15. Discuss and consider approval of an Extension of the License Agreement between the City of Dripping Springs and the Dripping Springs Community Foundation, in coordination with the Dripping Springs Skatepark, Inc., for the use of the Founders Memorial Park for construction of a skate park. Sponsor: A1ayor Pro Tem A1anassian. City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page 4 o/8  A motion was made by Mayor Pro Tern Manassian to approve an Interlocal Agreement between Hays County, the City of Dripping Springs, and the Dripping Springs Community Foundation, in coordination with the Dripping Springs Skate Park Initiative for funding of construction of a regional skate park at the Founders Memorial Park in the City of Dripping Springs and an Extension of the License Agreement between the City of Dripping Springs and the Dripping Springs Conununity Foundation, in coordination with the Dripping Springs Skatepark, Inc., for the use of the Founders Memorial Park for construction of a skate park. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. 16. Discuss and consider approval of a rate increase request from Waste Connections related to the 2020 Franchise Agreement between the City of Dripping Springs and Waste Connections. Applicant: John Harris, Waste Connections Laura Mueller presented the staff report which is on file. Staff recommends approval of the rate increase. A motion was made by Council Member Crow to approve a rate increase request from Waste Connections related to the 2020 Franchise Agreement between the City of Dripping Springs and Waste Connections. Council Member Parks seconded the motion which carried unanimously 5 to 0. The City Council consider items 17 - 20 together. Howard Koontz, Laura Mueller, Leslie Pollack, and Ginger Faught presented the staff reports for items 17 - 20. Staff reconunends postponement to a date certain. 17. Public hearing and consideration of approval of an Ordinance rezoning a property from AG to PDD # 14 with a base zoning of SF-3, SF-5, and LR with primarily residential uses with some local retail and governmental uses for property located south of U.S. 290 and east of Rob Shelton Blvd. along Sports Park Road adjacent to the Sports and Recreation Park and commonly known as "Village Grove", directly south and adjacent to Wallace Mountain, and directly west and adjacent to The Preserve subdivision. Applicant: Matthew Scrivener, Austin Land Innovations a. Applicant Presentation - Peter Verdicchio with SEC Plaiming and Jolm Doucet with Doucet and Associates gave a presentation which is on file. b. Staff Report c. Planning & Zoning Commission Report cl. Public Hearing - Eugene Foster spoke during the Public Hearing and his comments are on file. e. Ordinance Recommendation 18. Discuss and consider approval of an Offsite Road Agreement between the City of Dripping Springs and DS Land Partners as it relates to the Village Grove development adjacent to Sports and Recreation Park, east of Rob Shelton Blvd and south of U.S. 290. Sponsor: A;Jayor Foulds, Jr. City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page 5 o/ 8  19. Discuss and consider approval of Wastewater Agreement between DS Land Partners and the City of Dripping Springs for the Village Grove Subdivision. Sponsor: Mayor B;Jl Foulds, Jr. 20. Discuss and consider approval of a Donation Agreement and Letter of Intent related to seven (7) acres adjacent to the Sports and Recreation Park and within the Village Grove Subdivision. Applicant: lvfalfhew Scrivener A motion was made by Council Member Tahuahua to postpone items 17 - 20 to the June 21, 2022, Regular City Council meeting. Council Member King seconded the motion which carried unanimously 5 to 0. 21. Discuss and consider approval of a Professional Services Agreement between the City of Dripping Springs and Herron Design Studio for City Hall offices remodel design and construction documents. Sponsor: 1\1ayor Foulds, Jr. Mayor Foulds, Jr. left the dais and Mayor Pro Tern presided over the meeting, with Mayor Foulds, Jr. returning to the dais before the conclusion of the item. Michelle Fischer presented the staff report which is on file. Staff recommends approval of the agreement with an additional $3,000.00 to cover insurance. · A motion was made by Mayor Pro Tern Manassian to approve a Professional Services Agreement between the City of Dripping Springs and Herron Design Studio for City Hall offices remodel design and construction documents with an additional $3,000.00 as per staff reconunendation. Council Member Crow seconded the motion which carried unanimously 5 to 0. 22. Discuss and consider approval of the conversion of two part-time vacant positions to the Dripping Springs Ranch Park Customer Service Specialist Full-time position, and approval of the job description for the new position. Sponsor: Council A1ember King. Emily Nelson presented the staff report which is on file. Staff recommends approval of the job description and new position. A motion was made by Council Member King to approve the conversion of two part-time vacant positions to the Dripping Springs Ranch Park Customer Service Specialist Full-time position, and approval of the job description for the new position. Council Member Parks seconded the motion which carried unanimously 5 to 0. 23. Discuss and consider Approval of a Change Order to the 2045 Comprehensive Plan Agreement between the City of Dripping Springs and DTJ to add additional Advertising and Outreach services and add additional Public Meetings for the purpose of soliciting public input, in the amount of $37,400.00. Sponsor: Mayor Foulds, Jr. Council Member King left the dais and returned before the conclusion of the item. Howard Koontz presented the staff report which is on file. Staff reconunends approval of the Task Order. City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page 6 o/8  A motion was made by Mayor Pro Tern Manassian to approve a Change Order to the 2045 Comprehensive Plan Agreement between the City of Dripping Springs and DTJ to add additional Advertising and Outreach services and add additional Public Meetings for the purpose of soliciting public input, in the amount of $37,400.00. Council Member Tahuahua 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 staffdirection; however, no action may be taken. Reports are on file and available for review upon request. 24. Maintenance and Facilities Report Craig Rice, A1ainlenance Director A motion was made by Mayor Pro Tem Manassian to adjourn into Executive Session under Texas Government Code Sections 551.071, Consultation with City Attor11ey and 551.072, Deliberation of Real Property and regarding Executive Session Agenda Item 25. Council Member King seconded the motion which carried unanimously 5 to 0. EXECUTIVE SESSION AGENDA The City Council for the City of Dripping Springs has the right lo 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 Properf)j, 551.073 Deliberations about Gifts and Donations), 551.074 (Personnel A1atters), 551.076 (Deliberations about Security Devices), and 551.086 (Economic Development). The Cif)1 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. 25. Consultation with City Attorney and Deliberation of Real Property related to the Village Grove Project. Consultation with City Allorney, 551. 071; Deliberation regarding Real Properf)1, 551. 072 26. Consultation with City Attorney related to the South Regional Water Reclamation Project and the litigation on the Wastewater Permit and related items. Consultation with Cif)1 Attorney, 551.071 27. Consultation with City Attorney and Deliberation of Real Property related to easements for road improvements at Roger Hanks Parkway. Consultation with Ciry Attorney, 551.071; Deliberation on Real Property, 551.072 28. Deliberation of Personnel Matters regarding the creation, employment, job duties, compensation, and benefits of the DSRP Customer Service Specialist Full-time Position. Deliberation ofPersonnel Matters, 551.074 The City Council met in Executive Session from 8:37 - 8:55 p.m. City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page 7 o/8  No action or vote was taken during Executive Session. Mayor Foulds, Jr. returned the meeting to Open Session at 8:55 p.m. UPCOMING MEETINGS Cit)! Cormcil & Board ofAdi11st111e11t Meetings June 14, 2022, at 5:00 p.m. (Moratorium Waivers) June 21, 2021 , at 6:00 p.m. (CC) June 28, 2022, at 5:00 p.m. (Moratorium Waivers) July 5, 2022, at 6:00 p.m. (CC & BOA) Board, Commission & Committee Meetings June 8, 2022, Utility Commission at 4:00 p.m. June 13, 2022, TIRZ No. l & No. 2 Board at 4 :00 p.m. June 13, 2022, Founders Day Commission at 6:30 p.m. June 14, 2022, Planning & Zoning Conunission at 6:00 p.m. June 16, 2022, Farmers Market Committee at 10:00 a.m. June 16, 2022, Emergency Management Conunission at 12:00 p.m. June 22, 2022, Economic Development Committee at 4:00 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 8:56 p.m. APPROVED ON: June 21, 2022 Bill ~ ~~ ATTEST: City Council & Board ofAdjustment June 7, 2022 Regular Meeting Minutes Page 8 o/8