City Council Regular Meeting
Regular MeetingDripping Springs, TX · February 15, 2017
Minutes
Minutes of City Council Regular Meeting – February 15, 2017
A City Council Regular Meeting of City of Dripping Springs was held Wednesday, February 15, 2017,
beginning at 5:30 PM in the City Hall, 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
City Secretary Angelica Reyes
Planning and Zoning Commission Chair Mim James
DS Ranch Park Manager Lynne Dickinson
Code Enforcement Manager Kyle Dannhaus
Development Coordinator Lali Rambeau
Planning Consultant Anjali Naini
Mayor Todd Purcell calls the meeting to order at 5:31 p.m. All present. Also present was Legal
Counsel Dottie Palumbo
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).
A. Consultation with City Attorney Regarding Allocation of Wastewater Capacities and
Potential Alternatives and Options to Currently Planned Wastewater Discharge Permitting
Plans, Including Potential Additional Area Needed to Meet Wastewater Service
Needs (551.071 Consultation with City Attorney and 551:072 Purchase, Exchange, Lease or
Value of Real Property)
B. Consultation with City Attorney regarding Possible Interlocal Agreement with the Texas
Department of Public Safety regarding a Property Lease Agreement (551.071 Consultation
with City Attorney and 551:072 Purchase, Exchange, Lease or Value of Real Property)
C. Deliberation regarding the potential purchase of all or a portion of real property related to
the Transportation Plan. (551.072 Purchase, Exchange, Lease or Value of Real Property)
D. Consultation with Attorney Regarding Legal Requirements and Procedures for the
Creation of a Public Improvement District (PID), Including Statutory Mandates,
Timelines, and Authorized Infrastructure for the Westwood Public Improvement District.
Page 1 of 10
(551.071 Consultation with City Attorney)
E. Consultation with City Attorney regarding request for release of Kali Kate Property from
the City's Extraterritorial Jurisdiction (551.071 Consultation with City Attorney)
F. Consultation with Attorney Regarding Legal Requirements for creating a Public
Improvement District and entering into the Heritage Development Agreement including
Statutory Mandates, Timelines, and Authorized Infrastructure for the Heritage
Development (551.071 Consultation with City Attorney)
G. Consultation with City Attorney regarding the Proposed Settlement Agreement between
the City of Dripping Springs and the City of Austin regarding Texas Pollutant Discharge
Elimination System Permit No. WQ001448803 (551.071 Consultation with City Attorney)
Convened to executive session at 5:32 0p.m. Present: 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 Administrator Michelle Fischer, Deputy City
Administrator Ginger Faught, Legal Counsel Dottie Palumbo and Planning and Zoning
Commission Chair Mim James. Reconvened to the regular meeting at 7:01 p.m.
IV. RECESS
V. RECONVENE AT 7:00 p.m.
VI. PLEDGE OF ALLEGIANCE - Mayor Todd Purcell led the Pledge of Allegiance.
VII. 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.
No one presented.
VIII. 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 for January 10, 2017
B. Approval of Treasurer's Report for January 2017
C. Approval of Ordinance No. 1630.36 - An Ordinance of the City Council of the City of
Dripping Springs, Texas, Calling the General Election for Officers to be Held Within Said
Municipality On May 6, 2017, and Making Provision for the Conduct of the Election and
Resolving Other Matters Incident and Relating to the Holding of Such Election
D. Approval of Contract for Election Services between the City of Dripping Springs and the
Hays County Elections Officer for the May 6, 2017 Municipal Election
E. Approval of Contract for Election Services between the City of Dripping Springs and the
Dripping Springs Independent School District for the May 6, 2017 Municipal Election
F. Approval of Appointment of James "Russell" Paxton to the City of Dripping Springs
Emergency Management Commission to an At Large Position, Term Expiring June 2018
G. Approval of Appointment of Brian Daniel to serve on the City of Dripping Springs
Page 2 of 10
Founders Day Commission in an At Large Position, Replacing AJ Bergeron, Term
Expiring June 2017
H. Approval of Appointment of David Edwards to TIRZ Board Number 1 & Number 2 for a
Term Expiring December 31, 2018, and Appointment of David Edwards as TIRZ
Board Number 1 & Number 2 Chair
I. Approval of Resolution No. 2017-18: A Resolution of the City of Dripping Springs,
Texas, Releasing the Construction Bond for the Headwaters at Barton Creek Subdivision -
Phase 1 Drainage, Street and Erosion Control
J. Approval of Resolution No. 2017-19: A Resolution of the City of Dripping Springs
Approving and Accepting Construction Bond for Legacy Trails Subdivision, Lot 2E, Block
C, Poundhouse Hills, Section 2, 8' Sidewalk
K. Approval of Resolution No. 2017-20: A Resolution of the City of Dripping Springs
Approving and Accepting Maintenance Bond for Legacy Trails Subdivision, Lot 2E, Block
C, Poundhouse Hills, Streets, Water, Storm Drainage, Ponds Including Utility Trench
Backfill
L. Approval of Resolution No. 2017-21: A Resolution of the City of Dripping Springs
Accepting Construction Bond for Founders Ridge Phase 2 Subdivision
M. Approval of Contract and Addendum with Dripping Springs Century News to Sell
Advertising, Publish and Print the Insert for The Dripping Springs Ranch Park Riding
Series at No Cost to the City
N. Approval of Request for a Waiver of a Portion of the Food Service Inspection Fees (for
Fiscal Year 2017 only) for St. Vincent de Paul Food Pantry, St. Martin de Porres Catholic
Church (Sponsor: Council Member Charles Busbey)
O. Approval of Request for Waiver of City Hall Meeting Room Rental Fee for Hays County
Master Naturalists Meeting, Hays County Master Naturalists (Sponsor: Mayor Pro Tem
Foulds)
P. Approval of Ordinance No. 1110.17 : An Ordinance of the City of Dripping Springs, Texas,
renaming Reinvestment Zone Number Two, Arrowhead TIRZ, City of Dripping Springs,
Texas
Q. Approval of Amendments to the Bylaws of TIRZ Number 2 to change the name of TIRZ
Number 2 from Arrowhead TIRZ to Southwest TIRZ
R. Approval of Proclamation of the City of Dripping Springs Declaring February 2017
"Dating Violence Awareness and Prevention Month" (Sponsor, Wade King)
Mayor motions to pick up and vote on consent items VIII. A – VIII Q. Council Member Charles
Busbey motioned to remove VIII.N from consent so he can abstain from vote and also agenda
item VIII.R so council can take a vote.
Mayor Pro Tem Bill Foulds seconds. VOTE: 5-0 in favor, motion passes.
Council Member John Kroll motions to approve Agenda Item VIII.N - Approval of Request for a
waiver of a portion of the Food Service Inspection Fees (for FY 2017 only) for St Vincent de
Paul Food Pantry, St. Martin de Porres Catholic Church. Council Member Santos Alba seconds.
Council Member Charlie Busbey abstained from vote. VOTE: 1 abstention, 4-0 in favor, motion
passes.
Mayor Pro Tem Bill Foulds motions to approve consent items VIII. R - Approval of Proclamation
of the City of Dripping Springs Declaring February 2017 "Dating Violence Awareness and
Page 3 of 10
Prevention Month". Council Member Wade King seconds. VOTE: 5-0 in favor, motion passes.
IX. BOARD OF ADJUSTMENT
Consideration and Possible Action On:
A. Request for Special Exception from the City's Zoning Ordinance, Chapter 30, Exhibit A-
"Zoning Ordinance," Section 3.6.5(a) to allow the use of a Manufactured House for
residential purposes at 201 Creek Road, James Glosson, Owner
1. Presentation - Kathy Glosson Shugart. Letter on file.
2. Staff Report (Ginger Faught/Laura Mueller) Staff gave overview. Report on file. Staff
recommends that the exception be approved with conditions stated on staff report.
3. Planning and Zoning Commission Report – Planning and Zoning Chair Mim James states
that the Commission voted to approve according to staff’s recommendation at their
1/24/17meeting.
4. Public Hearing – Jon Thompson provided a statement in support of this request.
5. Special Exception
Council Member John Kroll motions to approve with staff recommendations. Mayor Pro Tem Bill
Foulds provided a friendly amendment for this special exception; to waive the fees other than the
city’s actual cost. Family gladly accepts. Council Member Santos Alba seconds. VOTE: 5-0 in
favor, motion passes.
X. VARIANCES/SPECIAL EXCEPTIONS
Consideration and Possible Action on:
A. Variance Request from the Dripping Springs Code of Ordinance, Chapter 28 Section
28.06.059(c) regarding the cash-in-lieu calculation for tree removal for Courtyard by
Marriott, located at 1002 Rob Shelton Blvd., Rashesh B. Rangrej, Owner
1. Presentation – Courtyard by Marriott Dripping Springs presented and gave overview. Report
on file.
2. Staff Report (Lali Rambeau) Staff recommended approval of the request variance. Report on
file.
3. Planning and Zoning Commission – Planning and Zoning Chair Mim James states that the
Commission voted to approve according to staff’s recommendation at their 1/24/17meeting.
4. Public Hearing - No one was present to speak.
5. Variance
Council Member Charles Busbey motioned to approve. Council Member Santos Alba
seconds. VOTE: 5-0 in favor, motion passes.
XI. ZONING
Consideration and Possible Action on:
A. Ordinance No. 1220.133: An Ordinance of the City of Dripping Springs, Texas, rezoning
one tract of land totaling approximately 7.38 acres, located at 505 Old Fitzhugh Road, from
Single-Family Residential (SF-1) to General Retail (GR); and providing for the following:
findings of fact; enactment; repealer; severability; effective date; authorizing the City
Administrator to note the change on the official zoning map of the city; proper notice and
meeting, Jay Vickers, Owner, Jon Thompson, Representative
Page 4 of 10
1. Presentation- Jon Thompson presented and gave overview.
2. Staff Report (Anjali Naini/Lali Rambeau) - Staff recommended approval of the request
variance. Report on file.
3. Planning and Zoning Commission Report – Planning and Zoning Chair Mim James states
that the Commission voted to approve according to staff’s recommendation at their
1/24/17meeting, and mentioned they requested more info on concept plan.
4. Public Hearing - No one was present to speak.
5. Ordinance No.1220.133
Council Member Santos Alba motioned to approve zoning change Council Member Charles
Busbey seconds. Council Member John Kroll recused himself from this agenda item. VOTE:
4-0 in favor, motion passes.
B. Ordinance No.1220.134: An Ordinance of the City of Dripping Springs, Texas, amending
Chapter 30 (Zoning Ordinance), Exhibit A, Section 2.35 Council Consideration to add
procedures for Planning and Zoning Commission Reconsideration of denied application for
zoning change; and providing for the following: Findings of Fact; Enactment; Repealer;
Severability; Codification; Effective Date; and Proper Notice and Meeting.
1. Staff Report (Laura Mueller/Anjali Naini) - Staff provided overview. Report on file.
2. Planning and Zoning Commission Report - Planning and Zoning Chair Mim James states
that the Commission voted to approve according to staff’s recommendation.
3. Public Hearing - No one was present to speak.
4. Ordinance No.1220.134
Council Member John Kroll motioned to approve Ordinance No. 1220.134. Council Member
Santos Alba seconds. VOTE: 5-0 in favor, motion passes.
XII. SUBDIVISIONS
Consideration and Possible Action on:
A. Concept Plan for Springs at Barton Creek (Proposed 316 Acre Subdivision), located North
of Dripping Springs off of RR12, south of Fitzhugh Road (Bonham Tract), Ed Moore, The
Moore Group
1. Presentation – Presentation by Ed Moore. Presentation on file.
2. Staff Report (Anjali/Lali Rambeau) – Staff provided overview. Staff recommends approval of
concept plan with conditions stated in staff report. Should the proposed project move
forward into preliminary plat stage without a Development Agreement, the applicant still
must follow applicable city regulations as described in the analysis provided in the staff
report and will be subject to further detailed review by City staff. Report on file.
3. Planning and Zoning Commission Report - Planning and Zoning Chair Mim James states
that the applicant submitted a concept plan for the City’s review and approval, and it was
considered during the January 24th Planning and Zoning Commission meeting. After
discussion, it was tabled to be considered during the special P&Z meeting to be held on
February 7, 2017. Staff and the P&Z Commissioners were primarily concerned by the
density of the proposed development. It is denser than other similar developments, and the
City is concerned The Springs may heavily increase traffic and potentially cause
environmental issues because of its proximity to Barton Creek. The Planning and Zoning
Page 5 of 10
Commission approved the concept plan VOTE: 5-1-1 in favor, with the following
conditions:
1) The Applicant will be required to prepare and submit a Traffic Impact Analysis (TIA) prior to plat
approval.
2) The Hay’s County regulatory rules will be complied with
3) Incorporate recommendations from the Transportation Committee with regards to the alignment
of the road intersection.
4) Need to work out the Parkland Dedication Arrangements – The developer will need to submit a
parks and open space plan which should also indicate private and public parkland areas.
5) Submit a Preliminary Plat Site Development to ensure all is in compliance with this project.
4. Public Hearing - No one was present to speak.
5. Concept Plan - Council Member Santos Alba motioned to approve concept plan for Springs
at Barton Creek. Council Member Wade King seconds in order to move towards discussion
of this agenda item.
Mayor Pro Tem Bill Foulds and Council Member Wade King disagree with the density of
this project.
VOTE: 1-4 in favor, Council Member Santos Alba votes in favor, the rest of the council voted
Nay on this concept plan. Motion to approve fails.
XIII. BUSINESS
Consideration and Possible Action On:
A. Ordinance No.1803.85: An Ordinance of the City of Dripping Springs to voluntarily annex
into the City Limits a tract of City-owned property described as follows: 2.305 acres of land
in the William Walker Survey No. 130, Abstract No. 475, Hays County, Texas, being all of
proposed Phase 1, Lot 2 out of the replat of Tracts A-1, A-2, & A-3 Vista Ranch, also
known as Blue Blazes Ranch, a proposed Subdivision in Hays County, Texas.
1. Staff Report (Anjali Naini) – Staff provided overview and recommends tabling this item to
the next city council meeting. Report on File.
2. Public Hearing - No one was present to speak.
3. Municipal Services Plan
4. Ordinance No. 1803.85
Council Member Charles Busbey motions to table the item and directs staff bring the item
back to City Council for re-consideration. Mayor Pro Tem Bill Foulds seconds. VOTE: 5-0
in favor, motion to table passes.
B. Ordinance No.1803.86: An Ordinance of the City of Dripping Springs to voluntarily annex
into the City Limits the adjacent and contiguous tract commonly known as Blue Blazes:
35.022 acres of the William Walker Survey No. 130, Abstract No. 475, being all of lots A-1,
A-2, and A-3 of the replat of Tract A, Vista Ranch, a subdivision of Hays County, Texas,
according to the plat of record in Volume 14, Page 12 and 13, plat records of Hays County,
Texas.
1. Staff Report (Anjali Naini) - Staff provided overview and recommends tabling this item to
the next city council meeting. Report on File.
Page 6 of 10
2. Public Hearing - No one was present to speak.
3. Municipal Services Plan
4. Ordinance No. 1803.86
Council Member Charles Busbey motions to table the item and directs staff bring the item
back to City Council for re-consideration. Mayor Pro Tem Bill Foulds seconds. VOTE: 5-0
in favor, motion to table passes.
C. Agreement between the City of Dripping Springs, Texas and TBJ Development, LLC for
Springs Lane Road Improvements (for Esperanza annexation)
Staff provided overview and recommends approval of agreement. Report on File.
Mayor Pro Tem Bill Foulds walked away at 7:54PM and returned at 7:57PM. Was not present
to vote.
Council Member John Kroll motions to approve agreement. Council Member John Kroll
seconds. VOTE: 4-0 in favor, motion to approve agreement passes.
D. Ordinance No.1803.83: An Ordinance of the City of Dripping Springs voluntarily annexing
into the City Limits the contiguous and adjacent tracts commonly known as The Springs
Subdivision: 9.07 acres of Lots 2 and 3, The Springs Subdivision, Book 9, Pages 151-152 of
the Plat Records of Hays County, Texas.
1. Staff Report (Anjali Naini) - Staff provided overview and recommends approval of
voluntarily annexation. Report on File.
2. Public Hearing - No one was present to speak.
3. Approval of Municipal Services Plan – Council Member Wade King motions to approve
Ordinance No. 1803.83. Council Member Santos Alba seconds. VOTE: 4-0 in favor, motion
passes.
4. Approval of Ordinance No. 1803.83 – Council Member Wade King motions to approve
Ordinance No. 1803.83. Council Member Santos Alba seconds. VOTE: 4-0 in favor, motion
passes. Mayor Pro Tem Bill Foulds returned at 7:57PM; was not present to vote.
E. Ordinance No.1803.84: An Ordinance of the City of Dripping Springs to voluntarily annex
into the City Limits the adjacent and contiguous tract commonly known as the Esperanza
Subdivision (fka Bell Springs Subdivision): 173 acres of Lot 2A, Indian Point Estates,
recorded in Vol. 9, Page 286; Bell Springs Subdivision, recorded in Vol. 393, Page 415; The
Springs Subdivision, Lot 4, The Springs, recorded in Book 9, Pages 151-152; and Spring
Lane recorded in Book 12, Pages 231-232 of the Plat Records of Hays County, Texas.
1. Staff Report (Anjali Naini) - Staff provided overview and recommends approval of
voluntarily annexation. Report on File.
2. Public Hearing – No one was present to speak.
3. Approval of Municipal Services Plan – Mayor Pro Tem Bill Foulds motions to approve
Ordinance No. 1803.84. Council Member Santos Alba seconds. VOTE: 5-0 in favor, motion
passes.
4. Approval of Ordinance No.1803.84 – Council Member Santos Alba motions to approve
Ordinance No. 1803.84. Council Member Wade King seconds. VOTE: 5-0 in favor, motion
passes.
Page 7 of 10
F. Amended and Restated Development Agreement between the City of Dripping Springs and
Scenic Land Holdings, LLC for Westwood Subdivision (formerly Scenic Greens) and
Revised Concept Plan for Westwood Subdivision (formerly Scenic Greens), approximately
682.534 acres located in the ETJ at the northwest corner of McGregor Lane and US
Highway 290, Brett Burke, PE, Scenic Land Holdings, LLC, Applicant
1. Staff Report - Staff provided overview and recommends approval of amended and restated
development agreement. Report on File.
2. Presentation - Westwood Parkland Dedication Plan presented and gave overview. Report on
file.
3. Planning and Zoning Commission Report - Planning and Zoning Chair Mim James states
that the Commission voted to approve according to staff’s recommendation at their 2/7/17
special meeting. The Planning and Zoning Commission approved this concept plan by a vote
of 7-0.
4. Parks and Recreation Commission Report – Commission recommends approval.
5. Public Hearing - Tim Cooper, resident of Dripping Springs. His fence lines up against the
west end of this property. Would like more information about the easements of this property
to help buffer the neighborhood surrounding this development. Mayor Todd Purcell
introduced Mr. Cooper to the development team and asked the team to meet with him and
help any questions and concerns he may have.
6. Concept Plan - Mayor Pro Tem Bill Foulds motions to approve concept plan for Westwood
Subdivision. Council Member John Kroll seconds. VOTE: 5-0 in favor, motion passes.
7. Master Parks and Open Space Plan – Staff provided overview and recommended to add
language that discusses their lighting on athletic fields.
Mayor Pro Tem Bill Foulds motions to approve the Master Parks and Open Space Plan with
an addition of not having any lighting on their athletic fields. Council Member John Kroll
seconds. VOTE: 5-0 in favor, motion passes.
8. Amended and Restated Development Agreement - Mayor Pro Tem Bill Foulds motions to
approve amended and restated development agreement subject to staff recommendations that
were discussed in the Workshop of this city council meeting and including the lighting of any
fields. Council Member John Kroll seconds. VOTE: 5-0 in favor, motion passes.
G. Resolution No. 2017-22: A Resolution of the City Council of the City of Dripping Springs,
Texas Accepting a Special Warranty Deed for Property running north from US 290 west of
McGregor Lane to the southeast corner of Lot 7 of the Ladera Subdivision pursuant to the
Amended and Restated Development Agreement for the Westwood Subdivision
Mayor Pro Tem Bill Foulds motions to approve Resolution No. 2017-22. Council Member John
Kroll seconds. VOTE: 5-0 in favor, motion passes.
H. Resolution No. 2017-23: A Resolution of the City of Dripping Springs Accepting Petition for
Annexation and Setting Dates, Times, and Place of Public Hearings on the Proposed Annexation
of the City of Dripping Springs Property running north from US 290 west of McGregor Lane to
the southeast corner of Lot 7 of the Ladera Subdivision
Council Member John Kroll motions to approve Resolution No. 2017-23. Mayor Pro Tem Bill
Foulds seconds. VOTE: 5-0 in favor, motion passes.
Page 8 of 10
I. Resolution No. 2017-24: A Resolution of the City of Dripping Springs Accepting Amended and
Restated Development Agreement as request for Annexation and Setting Dates, Times, and Place
for Public Hearings for approximately 682.534 acres located in the ETJ at the northwest corner
McGregor Lane and US Highway 290
Council Member Charles Busbey motions to approve Resolution No. 2017-24. Council Member
Santos Alba seconds. VOTE: 5-0 in favor, motion passes.
J. Escrow Agreement for Westwood Property to be annexed, property to be dedicated to the
City of Dripping Springs, Petition for dissolution of Public Improvement District, and Deed
for City to Return Property to Scenic Landholdings. Authorize City Staff to take
appropriate action.
Council Member Wade King motions to approve Escrow Agreement for Westwood Property to
be annexed. Council Member Santos Alba seconds. VOTE: 5-0 in favor, motion passes.
K. Agreement for the Payment of Fees and Development Review Expenses incurred by the
City of the Westwood Public Improvement District between the City of Dripping Springs
and Scenic Land Holdings, LLC related to the Amended and Restated Development
Agreement between the City of Dripping Springs and Scenic Land Holdings, LLC
Council Member Wade King motions to approve Agreement. Council Member Charles Busbey
seconds. VOTE: 5-0 in favor, motion passes.
L. Resolution No. 2017-25: A Resolution of the City Council of the City of Dripping Springs,
Texas, Creating the Westwood Public Improvement District Pursuant to Chapter 372 of the
Texas Local Government and Authorizing the Mailing and Publication of Notice of the Public
Hearing
1. Public Hearing on PID Formation - No one was present to speak.
2. Resolution No. 2017-25 - Council Member Santos Alba motions to approve Resolution No.
2017-25. Council Member John Kroll seconds. VOTE: 5-0 in favor, motion passes.
M. Interlocal Agreement with Hays County for TIRZ Funding, including Hays County Policy
regarding TIRZ Funding. Direct staff to take appropriate action.
Mayor Pro Tem Bill Foulds motions to table this item as per the request of Hays County and also
the TIRZ Board Members. Council Member Charles Busbey seconds. VOTE: 5-0 in favor, motion
passes.
N. Professional Consultation Service Assistance with Evaluation of TIRZ #1 and TIRZ #2
Projects, Project Prioritization, and Project Management
Michelle Fischer, City Administrator presented and provided overview. Staff recommends
allocating $2,000 to begging the first page of prioritization.
Mayor Pro Tem Bill Foulds motions to allocate $2,000 to get started on this prioritization and
project management. Council Member Wade King seconds. VOTE: 5-0 in favor, motion passes.
Page 9 of 10
O. Participation of the City of Dripping Springs in Supplemental Employee Insurance Policies
(Sponsor: Mayor Todd Purcell)
No action – Mayor would like to get staff feedback and bring this agenda item back to the March
Agenda.
XIV. REPORTS OF AGENCIES, COMMISSIONS AND STAFF
A. Farmers Market Manager's Monthly Report
B. Dripping Springs Ranch Park Monthly Report
C. Transportation Committee Monthly Report
D. Economic Development Committee Monthly Report
XV. ANNOUNCEMENTS
A. Regular Planning and Zoning Commission Meeting, February 28, 2017 at 7 p.m.
B. Regular City Council Meeting, February 21, 2017 6:00 p.m.
XVI. ADJOURN
Council Member Santos Alba motions to adjourn the meeting. Mayor Pro Tem Bill Foulds
seconds. VOTE: 5-0 in favor, motion passes. Meeting adjourns at 8:30pm.
Page 10 of 10
Agenda
City of Dripping Springs
City Council & Board of Adjustment Meeting Agenda
Wednesday, February 15, 2017 at 5:30 PM
City Hall, 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
City Secretary Angelica Reyes
Planning and Zoning Commission Chair Mim James
City Attorney Alan Bojorquez
Assistant City Attorney Laura Mueller
City Treasurer Gina Gillis
DS Ranch Park Manager Lynne Dickinson
Code Enforcement Manager Kyle Dannhaus
Development Coordinator Lali Rambeau
Planning Consultant Anjali Naini
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).
A. Consultation with City Attorney Regarding Allocation of Wastewater Capacities
and Potential Alternatives and Options to Currently Planned Wastewater Discharge
Permitting Plans, Including Potential Additional Area Needed to Meet Wastewater
Service Needs (551.071 Consultation with City Attorney and 551:072 Purchase,
Exchange, Lease or Value of Real Property)
B. Consultation with City Attorney regarding Possible Interlocal Agreement with the
Texas Department of Public Safety regarding a Property Lease Agreement (551.071
Consultation with City Attorney and 551:072 Purchase, Exchange, Lease or Value of
Real Property)
C. Deliberation regarding the potential purchase of all or a portion of real property
related to the Transportation Plan. (551.072 Purchase, Exchange, Lease or Value of
Real Property)
D. Consultation with Attorney Regarding Legal Requirements and Procedures for the
Creation of a Public Improvement District (PID), Including Statutory Mandates,
Timelines, and Authorized Infrastructure for the Westwood Public Improvement
District. (551.071 Consultation with City Attorney)
E. Consultation with City Attorney regarding request for release of Kali Kate Property
from the City's Extraterritorial Jurisdiction (551.071 Consultation with City
Attorney)
F. Consultation with Attorney Regarding Legal Requirements for creating a Public
Improvement District and entering into the Heritage Development Agreement
including Statutory Mandates, Timelines, and Authorized Infrastructure for the
Heritage Development (551.071 Consultation with City Attorney)
G. Consultation with City Attorney regarding the Proposed Settlement Agreement
between the City of Dripping Springs and the City of Austin regarding Texas
Pollutant Discharge Elimination System Permit No. WQ001448803 (551.071
Consultation with City Attorney)
IV. RECESS
V. RECONVENE AT 7:00 p.m.
VI. PLEDGE OF ALLEGIANCE
VII. 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.
VIII. 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 for January 10, 2017
B. Approval of Treasurer's Report for January 2017
C. Approval of Ordinance No. 1630.36 - An Ordinance of the City Council of the City
of Dripping Springs, Texas, Calling the General Election for Officers to be Held
Within Said Municipality On May 6, 2017, and Making Provision for the Conduct of
the Election and Resolving Other Matters Incident and Relating to the Holding of
Such Election
D. Approval of Contract for Election Services between the City of Dripping Springs
and the Hays County Elections Officer for the May 6, 2017 Municipal Election
E. Approval of Contract for Election Services between the City of Dripping Springs
and the Dripping Springs Independent School District for the May 6, 2017
Municipal Election
F. Approval of Appointment of James "Russell" Paxton to the City of Dripping
Springs Emergency Management Commission to an At Large Position, Term
Expiring June 2018
G. Approval of Appointment of Brian Daniel to serve on the City of Dripping Springs
Founders Day Commission in an At Large Position, Replacing AJ Bergeron, Term
Expiring June 2017
H. Approval of Appointment of David Edwards to TIRZ Board Number 1 & Number 2
for a Term Expiring December 31, 2018, and Appointment of David Edwards as
TIRZ Board Number 1 & Number 2 Chair
I. Approval of Resolution No. 2017-18: A Resolution of the City of Dripping Springs,
Texas, Releasing the Construction Bond for the Headwaters at Barton Creek
Subdivision - Phase 1 Drainage, Street and Erosion Control
J. Approval of Resolution No. 2017-19: A Resolution of the City of Dripping Springs
Approving and Accepting Construction Bond for Legacy Trails Subdivision, Lot 2E,
Block C, Poundhouse Hills, Section 2, 8' Sidewalk
K. Approval of Resolution No. 2017-20: A Resolution of the City of Dripping Springs
Approving and Accepting Maintenance Bond for Legacy Trails Subdivision, Lot 2E,
Block C, Poundhouse Hills, Streets, Water, Storm Drainage, Ponds Including Utility
Trench Backfill
L. Approval of Resolution No. 2017-21: A Resolution of the City of Dripping Springs
Accepting Construction Bond for Founders Ridge Phase 2 Subdivision
M. Approval of Contract and Addendum with Dripping Springs Century News to Sell
Advertising, Publish and Print the Insert for The Dripping Springs Ranch Park
Riding Series at No Cost to the City
N. Approval of Request for a Waiver of a Portion of the Food Service Inspection Fees
(for Fiscal Year 2017 only) for St. Vincent de Paul Food Pantry, St. Martin de Porres
Catholic Church (Sponsor: Council Member Charles Busbey)
O. Approval of Request for Waiver of City Hall Meeting Room Rental Fee for Hays
County Master Naturalists Meeting, Hays County Master Naturalists (Sponsor:
Mayor Pro Tem Foulds)
P. Approval of Ordinance No. 1110.17 : An Ordinance of the City of Dripping Springs,
Texas, renaming Reinvestment Zone Number Two, Arrowhead TIRZ, City of
Dripping Springs, Texas
Q. Approval of Amendments to the Bylaws of TIRZ Number 2 to change the name of
TIRZ Number 2 from Arrowhead TIRZ to Southwest TIRZ
R. Approval of Proclamation of the City of Dripping Springs Declaring February 2017
"Dating Violence Awareness and Prevention Month" (Sponsor, Wade King)
IX. BOARD OF ADJUSTMENT
Consideration and Possible Action On:
A. Request for Special Exception from the City's Zoning Ordinance, Chapter 30,
Exhibit A-"Zoning Ordinance," Section 3.6.5(a) to allow the use of a Manufactured
House for residential purposes at 201 Creek Road, James Glosson, Owner
1. Presentation
2. Staff Report (Ginger Faught/Laura Mueller)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Special Exception
X. VARIANCES/SPECIAL EXCEPTIONS
Consideration and Possible Action on:
A. Variance Request from the Dripping Springs Code of Ordinance, Chapter 28
Section 28.06.059(c) regarding the cash-in-lieu calculation for tree removal for
Courtyard by Marriott, located at 1002 Rob Shelton Blvd., Rashesh B.
Rangrej, Owner
1. Presentation
2. Staff Report (Lali Rambeau)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Variance
XI. ZONING
Consideration and Possible Action on:
A. Ordinance No. 1220.133: An Ordinance of the City of Dripping Springs, Texas,
rezoning one tract of land totaling approximately 7.38 acres, located at 505 Old
Fitzhugh Road, from Single-Family Residential (SF-1) to General Retail (GR); and
providing for the following: findings of fact; enactment; repealer; severability;
effective date; authorizing the City Administrator to note the change on the official
zoning map of the city; proper notice and meeting, Jay Vickers, Owner, Jon
Thompson, Representative
1. Presentation
2. Staff Report (Anjali Naini/Lali Rambeau)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Ordinance No.1220.133
B. Ordinance No.1220.134: An Ordinance of the City of Dripping Springs,
Texas, amending Chapter 30 (Zoning Ordinance), Exhibit A, Section 2.35 Council
Consideration to add procedures for Planning and Zoning Commission
Reconsideration of denied application for zoning change; and providing for the
following: Findings of Fact; Enactment; Repealer; Severability; Codification;
Effective Date; and Proper Notice and Meeting.
1. Staff Report (Laura Mueller/Anjali Naini)
2. Planning and Zoning Commission Report
3. Public Hearing
4. Ordinance No.1220.134
XII. SUBDIVISIONS
Consideration and Possible Action on:
A. Concept Plan for Springs at Barton Creek (Proposed 316 Acre Subdivision),
located North of Dripping Springs off of RR12, south of Fitzhugh Road (Bonham
Tract), Ed Moore, The Moore Group
1. Presentation
2. Staff Report (Anjali/Lali Rambeau)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Concept Plan
XIII. BUSINESS
Consideration and Possible Action On:
A. Ordinance No.1803.85: An Ordinance of the City of Dripping Springs to voluntarily
annex into the City Limits a tract of City-owned property described as follows: 2.305
acres of land in the William Walker Survey No. 130, Abstract No. 475, Hays County,
Texas, being all of proposed Phase 1, Lot 2 out of the replat of Tracts A-1, A-2, & A-
3 Vista Ranch, also known as Blue Blazes Ranch, a proposed Subdivision in Hays
County, Texas.
1. Staff Report (Anjali Naini)
2. Public Hearing
3. Municipal Services Plan
4. Ordinance No. 1803.85
B. Ordinance No.1803.86: An Ordinance of the City of Dripping Springs to voluntarily
annex into the City Limits the adjacent and contiguous tract commonly known as
Blue Blazes: 35.022 acres of the William Walker Survey No. 130, Abstract No. 475,
being all of lots A-1, A-2, and A-3 of the replat of Tract A, Vista Ranch, a
subdivision of Hays County, Texas, according to the plat of record in Volume 14,
Page 12 and 13, plat records of Hays County, Texas.
1. Staff Report (Anjali Naini)
2. Public Hearing
3. Municipal Services Plan
4. Ordinance No. 1803.86
C. Agreement between the City of Dripping Springs, Texas and TBJ Development,
LLC for Springs Lane Road Improvements (for Esperanza annexation)
D. Ordinance No.1803.83: An Ordinance of the City of Dripping Springs voluntarily
annexing into the City Limits the contiguous and adjacent tracts commonly known
as The Springs Subdivision: 9.07 acres of Lots 2 and 3, The Springs Subdivision,
Book 9, Pages 151-152 of the Plat Records of Hays County, Texas.
1. Staff Report (Anjali Naini)
2. Public Hearing
3. Approval of Municipal Services Plan
4. Approval of Ordinance No. 1803.83
E. Ordinance No.1803.84: An Ordinance of the City of Dripping Springs to voluntarily
annex into the City Limits the adjacent and contiguous tract commonly known as
the Esperanza Subdivision (fka Bell Springs Subdivision): 173 acres of Lot 2A,
Indian Point Estates, recorded in Vol. 9, Page 286; Bell Springs Subdivision,
recorded in Vol. 393, Page 415; The Springs Subdivision, Lot 4, The Springs,
recorded in Book 9, Pages 151-152; and Spring Lane recorded in Book 12, Pages
231-232 of the Plat Records of Hays County, Texas.
1. Staff Report (Anjali Naini)
2. Public Hearing
3. Approval of Municipal Services Plan
4. Approval of Ordinance No.1803.84
F. Amended and Restated Development Agreement between the City of Dripping
Springs and Scenic Land Holdings, LLC for Westwood Subdivision (formerly Scenic
Greens) and Revised Concept Plan for Westwood Subdivision (formerly Scenic
Greens), approximately 682.534 acres located in the ETJ at the northwest corner of
McGregor Lane and US Highway 290, Brett Burke, PE, Scenic Land Holdings,
LLC, Applicant
1. Staff Report
2. Presentation
3. Planning and Zoning Commission Report
4. Parks and Recreation Commission Report
5. Public Hearing
6. Concept Plan
7. Master Parks and Open Space Plan
8. Amended and Restated Development Agreement
G. Resolution No. 2017-22: A Resolution of the City Council of the City of Dripping
Springs, Texas Accepting a Special Warranty Deed for Property running north from US
290 west of McGregor Lane to the southeast corner of Lot 7 of the Ladera Subdivision
pursuant to the Amended and Restated Development Agreement for the Westwood
Subdivision
H. Resolution No. 2017-23: A Resolution of the City of Dripping Springs Accepting
Petition for Annexation and Setting Dates, Times, and Place of Public Hearings on the
Proposed Annexation of the City of Dripping Springs Property running north from US
290 west of McGregor Lane to the southeast corner of Lot 7 of the Ladera Subdivision
I. Resolution No. 2017-24: A Resolution of the City of Dripping Springs Accepting
Amended and Restated Development Agreement as request for Annexation and Setting
Dates, Times, and Place for Public Hearings for approximately 682.534 acres locted in the
ETJ at the northwest corner McGregor Lane and US Highway 290
J. Escrow Agreement for Westwood Property to be annexed, property to be dedicated
to the City of Dripping Springs, Petition for dissolution of Public Improvement
District, and Deed for City to Return Property to Scenic Landholdings. Authorize
City Staff to take appropriate action.
K. Agreement for the Payment of Fees and Development Review Expenses incurred by
the City of the Westwood Public Improvement District between the City of Dripping
Springs and Scenic Land Holdings, LLC related to the Amended and Restated
Development Agreement between the City of Dripping Springs and Scenic Land
Holdings, LLC
L. Resolution No. 2017-25: A Resolution of the City Council of the City of Dripping
Springs, Texas, Creating the Westwood Public Improvement District Pursuant to Chapter
372 of the Texas Local Government Pursuant to Chapter 372 of the Texas Local
Government and Authorizing the Mailing and Publication of Notice of the Public Hearing
1. Public Hearing on PID Formation
2. Resolution
M. Interlocal Agreement with Hays County for TIRZ Funding, including Hays County
Policy regarding TIRZ Funding. Direct staff to take appropriate action.
N. Professional Consultation Service Assistance with Evaluation of TIRZ #1 and TIRZ
#2 Projects, Project Prioritization, and Project Management
O. Participation of the City of Dripping Springs in Supplemental Employee Insurance
Policies (Sponsor: Mayor Todd Purcell)
XIV. REPORTS OF AGENCIES, COMMISSIONS AND STAFF
A. Farmers Market Manager's Monthly Report
B. Dripping Springs Ranch Park Monthly Report
C. Transportation Committee Monthly Report
D. Economic Development Committee Monthly Report
XV. ANNOUNCEMENTS
A. Regular Planning and Zoning Commission Meeting, February 28, 2017 at 7 p.m.
B. Regular City Council Meeting, February 21, 2017 6:00 p.m.
XVI. ADJOURN
All agenda items listed above are eligible for discussion and action unless otherwise specifically noted. Notice is
posted in accordance with Chapter 551, Government Code, Vernon’s Texas Codes, Annotated. I certify that the above
notice of meeting was posted at City of Dripping Springs City Hall and website, www.cityofdrippingsprings.com on
the .
____________________________________________
Angelica Reyes, City Secretary
This facility is wheelchair accessible. Accessible parking spaces are available. Requests for auxiliary aids and services must
be made 48 hours prior to this meeting by calling (512) 858-4725.
Get email alerts for Dripping Springs
A daily email when new agendas and minutes are posted.