City Council Regular Meeting

Minutes of Regular Meeting City Council City of Dripping Springs A Regular Meeting of the City Council of the City of Dripping Springs was held Tuesday, June 10, 2014, beginning at 5:30 PM in the 511 Mercer Street, Dripping Springs, Texas. I. CALL TO ORDER AND ROLL CALL - 5:30 p.m. Mayor & City Council Members/Board of Adjustment Mayor Todd Purcell Mayor Pro Tem Bill Foulds Council Member Santos Alba Council Member Charles Busbey Council Member Wade King Council Member John Kroll City Staff/Appointed Officials City Administrator Michelle Fischer Deputy City Administrator Ginger Faught Planning Director Jon Thompson Planning and Zoning Chair Larry McClung City Secretary Jo Ann Touchstone City Attorney Alan Bojorquez City Treasurer Gina Gillis DS Ranch Park Coordinator Lynne Dickinson Mayor Purcell calls meeting to order at 5:30 p.m. All present. II. WORKSHOP No action to be taken. Staff Reports regarding Consent, Site Developments, Subdivisions, Zoning, On Site Sewage Facilities, Signs, Variances, Waivers, Special Exceptions, Annexations, Alternate Standards, Business, and Other Agenda Items listed below. III. EXECUTIVE SESSION 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). Convened to Executive Session at 6:17 p.m. Those present: Mayor Purcell, Mayor  Pro Tem Foulds, Councilman Alba, Councilman Busbey, Councilman Kroll, Councilman King, City Administrator Michelle Fischer, Deputy City Administrator Ginger Faught, City Secretary Jo Ann Touchstone, and Alan Bojorquez. Reconvened to Workshop at 6:49 p.m. A. Consultation with City Attorney regarding Real Estate opportunities and Economic Development options for the Stephenson Building (551.072 Deliberations About Real Property) B. Consultation with City Attorney Regarding Dissolution and Annexation Agreement between the City of Dripping Springs, Hays County Development District No. 1, and Development Solutions CAT, LLC (Consultation with City Attorney 551:071) IV. RECESS V. RECONVENE AT 7:00 p.m. VI. PLEDGE OF ALLEGIANCE A. Pledge of Allegiance – Boy Scout, Troop 89 leads the pledge. VII. OATHS OF OFFICE A. Municipal Judge Marilyn Miller Administers Oaths of Office for Mayor Todd Purcell, Councilmember Wade King, and Councilmember John Kroll, Terms to Expire June 2016 – Judge Miller administers oaths. B. Mayor Purcell Administers Oath of Office for Municipal Court Judge Marliyn Miller, Term to Expire June 2015 – Mayor Purcell administers oath. VIII. PRESENTATION OF CITIZENS Floor open to discussion on any subject. No action may be taken by law. Citizens wishing to speak shall do so after being recognized by the Mayor. The Mayor and City Council may establish a time limit as necessary. Tessa with PEC invites Council and public to attend annual meeting and to vote in annual election. IX. CONSENT ITEMS 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 necessary. However, a City Council Member 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.  A. Approval of Regular Meeting Minutes, May 13, 2014 B. Approval of Regular Meeting Minutes, May 20, 2014 C. Approval of Treasurer's Report for May 2014 D. Approval of Appointment of Marilyn Miller to Serve as Municipal Court Judge, Term to Expire June 2015 E. Approval of Interlocal Agreement Between the City of Dripping Springs and Texas Municipal League MulitState Intergovernmental Employee Benefits Pool F. Approval of Continuation of Coverage Administrative Agreement Between the City of Dripping Springs and Texas Municipal League Councilman Alba motions to approve. Councilman King seconds. Motion passes, 5-0. X. SITE DEVELOPMENTS/SUBDIVISIONS/ZONING/ON SITE SEWAGE FACILITIES/SIGNS/VARIANCES/WAIVERS/ALTERNATE STANDARDS/ANNEXATIONS Consideration and Possible Action On: A. Ordinance No. 1803.74 - An Ordinance of the City of Dripping Springs Annexing the Following Property Into the Corporate City Limits: Sawyer Ranch 33, Tract 2, a 12.1885 acre tract out of the E.B. Hargraves Survey No. 240, and being a portion of the remained of a 2055.90 acre tract of land conveyed to the Sawyer-Cleveland Partnership, of record in the OPR of Hays County, David Price, P.E., Applicant 1. Public Hearing – No one speaks. 2. Ordinance No. 1803.74 – Councilman Kroll motions to approve. Councilman Alba seconds. Motion passes, 5-0. B. Final Plat & Construction Plans - Reunion Ranch, Phase 2, Section 1, Brett Pasquarella, PE, Carlson, Brigance & Doering, Applicant 1. Presentation – Brett Pasquarella present and available for questions. 2. Planning Director's Report – Planning Director Jon Thompson, report on file. 3. Planning & Zoning Commission Report – Commissioner McClung states Commission approved unanimously. 4. Public Hearing – No one speaks. 5. Final Plat & Construction Plans – Councilman Busbey motions to approve. Councilman Alba seconds. Motion passes, 5-0. C. Ordinance No. 1220.94 - An Ordinance of the City of Dripping Springs Changing the Zoning Classification of Sawyer Ranch 33, Tract Two, Located Within the City Limits South of the Valero convenience store at the intersection of US 290 and Sawyer Ranch Road, from Agricultural (AG) to General Retail  (GR), David Price, P.E., Austex Development, Applicant 1. Presentation – David Price, P.E., states request and is available for questions. 2. Planning Director's Report – Planning Director Jon Thompson, report on file. 3. Planning & Zoning Commission Report – Commissioner McClung states five people spoke at the public hearing and Commission approved staff recommendations. 4. Public Hearing – No one speaks. 5. Ordinance No. 1220.94 – Councilman Kroll motions to approve staff recommendations. Councilman Alba seconds. Motion passes, 5-0. D. Special Exception - Sawyer Ranch 33, Tract Two, Located South of the Valero convenience store at the intersection of US 290 and Sawyer Ranch Road, to Exceed the Maximum Height of 40 Feet and the Maximum of Two Stories Allowed, Luis Duron, Schneider Halls, Applicant 1. Presentation – Luis Duron, states request and that building will be 125 feet further from buffer. Available for questions. 2. Planning Director's Report – Planning Director Jon Thompson, report on file with recommendations. 3. Planning & Zoning Commission Report – Commissioner McClung states three people spoke at the public hearing. Commission discussed drainage. Commission voted unanimously to accept staff recommendations. 4. Public Hearing- Gigi Sanchez, neighbor. Asks Council to require adherence to ordinances to limit height as it is inappropriate next to a residence. Richard Bergfeld, resident on Rugged Earth. Mr. Bergfeld asks Council to deny variance for height and stories. Dan Wattles, resident on Rugged Earth. Asks Council to continue to listen to residents regarding development. John Gurrisich, resident in Belterra moving to Rugged Earth. States agreement with Mr. Bergfeld. States concern for increased traffic. 5. Special Exception- Council inquires of applicant regarding footprint of building. Mayor Pro Tem Foulds motions to table until information including topography is submitted. Councilman King seconds. Motion passes. 5-0. E. Ordinance No. 1220.95 - An Ordinance of the City of Dripping Springs Amending the CIty Code of Ordinances Chapter 30, Exhibit A, Sections 3.9.1, 3.9.2, 3.10.2, 3.11.2, And 3.12.2 Protecting Traditional Residential Zoning Districts and Maintaining Integrity of Non-Residential Zoning Districts; and  Providing for the Following: Findings of Fact; Enactment; Repealer; Severability; Codification; Effective Date; and Proper Notice and Meeting 1. Staff Report – Planning Director Jon Thompson, Report on file. 2. Planning & Zoning Commission Report – Commissioner McClung states Commission discussed at length. Commission approved staff recommendations 5-2. 3. Public Hearing – No one speaks. 4. Ordinance No. 1220.95 – Councilman Alba motions to approve. Councilman Kroll seconds. Motion passes, 3-2. Mayor Pro Tem Foulds and Councilman King opposed. XI. REPORTS OF AGENCIES, COMMISSIONS AND STAFF A. Farmers Market Report - Market Manager Jo Ann Touchstone – Report on file. B. Fiscal Year 2015 Proposed Budget Approval Timeline - City Secretary Jo Ann Touchstone – Timeline submitted. C. Economic Development Committee report on Chamber of Commerce study on potential opportunities for public / private partnerships for possible redevelopment of certain public / private tracts - Patrick Rose, Chair – Patrick Rose present report. Report on file. XII. BUSINESS Consideration and Possible Action On: A. Amendment to Dripping Springs Ag Boosters Use Agreement for Dripping Springs Ranch Park to include Maintenance of Concession Facilities (Sponsor: Mayor Purcell) – Mayor Pro Tem Foulds motions to approve. Councilman Alba seconds. Motion passes, 5-0. B. City Sponsorship of Rainwater Revival and Hill Country Alliance Sponsorship of Better Lights for Better Nights Conference to be Held at Dripping Springs Ranch Park (Sponsor: Mayor Pro Tem Foulds) – Mayor Pro Tem Foulds motions to approve. Councilman King seconds. Motion passes, 5-0. C. Purchase of Bleachers for Dripping Springs Ranch Park (Sponsor: Mayor Purcell) – No action taken. D. Agreement between the City of Dripping Springs and Hays County Livestock Expo Board to allow the temporary placement of a storage building at Dripping Springs Ranch Park (Sponsor: Mayor Purcell)- Councilman King motions to approve. Mayor Pro Tem Foulds seconds. Motion passes, 5-0. E. Ordinance No. 1210.19 - An Ordinance amending Chapters 8 and 24 of the Dripping Springs Code of Ordinances; updating references to the most recent editions of the Fire Code and the Building Codes; adopting the Hays County  Emergency Service District No. 6 amendments to the International Fire Code; providing for the following: findings of fact; enactment; repealer; severability; codification; effective date; and proper notice and meeting (Sponsor: Mayor Purcell) 1. Staff Report – Planning Director Jon Thompson, report on file. 2. Public Hearing – No one speaks. 3. Ordinance No. 1210.19 – Mayor Pro Tem Foulds motions to approve. Councilman Kroll seconds. Motion passes, 5-0. F. Resolution No. 2014-16 - A Resolution of the City of Dripping Springs Supporting the Hays County, Texas Application to the Capital Area Metropolitan Planning Organization (CAMPO) for Surface Transportation Program-Metropolitan Mobility (STP-MM) Funding (Sponsor: Councilman Kroll) – Councilman Kroll motions to approve. Councilman Alba seconds. Motion passes, 5-0. G. Acceptance of Proposal and Approval of Agreement for Professional Services from Luck Design Team for Mercer Street Landscaping Improvements (Sponsor: Councilman Alba)- Mayor Pro Tem Foulds motions to approve subject to funds coming from Giving Tree. Councilman Kroll seconds. Motion passes, 5-0. H. Appointment of Planning & Zoning Commissioners, Parks & Recreation Commissioners, Historic Preservation Commissioners, Founders Day Commissioners, Farmers Market Board Association Members, Economic Development Committee Members, and Transportation Committee Members – Mayor Pro Tem Foulds motions to approve staff recommendations. Councilman Busbey seconds. Motion passes, 5-0. I. Appointment of Chairs to Planning & Zoning Commission, Economic Development Committee, Founders Day Commission, and Transportation Committee – Mayor Pro Tem Foulds motions to approve staff recommendations. Councilman Busbey seconds. Motion passes, 5-0. J. Casting of City's Vote in the Pedernales Electric Cooperative Annual Election (Sponsor: Councilman Alba) – Mayor Pro Tem Foulds motions to approve authorizing City Administrator to cast the City’s vote. Councilman Kroll seconds. Motion passes, 5-0. K. Consideration and possible action, under the terms of the April 23, 2007 Wastewater Service and Impact Fee Agreement between Robert T. McAlister and Jill K. McAlister and the City of Dripping Springs, as amended by the April 15, 2011 First Amendment and the April 15, 2013 Second Amendment, to extend the term of the agreement or to provide notice to McAlister effecting the  City's release the unconnected reserved LUEs, thus terminating the City's Article 3 wastewater service commitment under the contract with respect to those unconnected LUE, and (Sponsor: Mayor Pro Tem Foulds) – Mayor Pro Tem Foulds motions to have Mayor Pro Tem Foulds and Councilman Kroll work on term sheet and extend agreement 30 days. Councilman Busbey seconds. Motion passes 5-0. L. Reconsideration of Wastewater Service and Impact Fee Agreement between the City of Dripping Springs and Howard Land & Cattle, Ltd. (Sponsor: Mayor Pro Tem Foulds) – Councilman Busbey motions to approve. Mayor Pro Tem Foulds seconds. Motion passes, 5-0. M. Consideration and possible action on a Lease of real property between the City of Dripping Springs, Texas (the "Lessee"), and Hays County Development District No.1 ("District") and Development Solutions CAT, LLC., ("DSCL") its successors and assigns, for the City's lease of real property within the District and owned by DSCL and/or the District, with such leased real property to be used for effluent disposal, as requested by TCEQ during review of the City's application to amend City of Dripping Spring, Permit No. WQ0014488-001 – Mayor Pro Tem Foulds motions to approve lease agreement the City attorney drafted. Councilman Alba seconds. Motion passes, 4-0-1. Councilman Busbey abstains. N. Dissolution and Annexation Agreement between the City of Dripping Springs, Hays County Development District No. 1, and Development Solutions CAT, LLC (related to the Caliterra Subdivision) (Sponsor: Mayor Pro Tem Foulds) – Councilman Alba motions to table. Councilman King seconds. Motion passes, 4-0-1. Councilman Busbey abstains. XIII. ADJOURN – Councilman Kroll motions to adjourn. Councilman Alba seconds. Motion passes, 5-0. Meeting adjourned at 8:12 p.m.