City Council Regular Meeting

City of Dripping Springs City Council & Board of Adjustment Meeting Agenda Tuesday, May 16, 2017 at 6:00 PM City Hall, 511 Mercer Street, Dripping Springs, Texas I. CALL TO ORDER AND ROLL CALL - 6:00 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 Communications Coordinator Bonnie Gonzalez Development Coordinator Lali Rambeau Code Enforcement Manager Kyle Dannhaus Dripping Springs Ranch Park Manager Lynne Dickinson City Attorney Alan Bojorquez Assistant City Attorney Laura Mueller Special Counsel Dottie Palumbo Planning & Zoning Commission Chair Mim James II. 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 Attorney for contracts related to PID Administrator Services. (551.071) B. Consultation with City Attorney Regarding Legal Requirements and Procedures for the Potential Creation of Certain Special Districts to Finance Improvements Benefiting the Heritage Subdivision including a Wastewater Agreement (551.071 Consultation with City Attorney) C. Consultation with City Attorney regarding the Proposed Settlement Agreement between the City of Dripping Springs, the City of Austin and other Parties regarding Texas Pollutant Discharge Elimination System Permit No. WQ001448803 (551.071 Consultation with City Attorney) D. 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) E. Deliberation of Real Property transaction and consultation with City Attorney regarding property located in Headwaters at Barton Creek. (551.071 Consultation with Attorney;  551.072 Deliberation of Real Property) F. Consultation with City Attorney regarding possible amendment to Westwood Development Agreement. (551.071 Consultation with Attorney; 551.072 Deliberation of Real Property) G. Consultation with City Attorney regarding Legal Options for Interlocal Agreement for Cooperation in Development Agreements and Other Assistance for Emergency Services Districts (551.071 Consultation with Attorney) III. PLEDGE OF ALLEGIANCE IV. BUSINESS Consideration and Possible Action On: A. Discussion and possible action to consider Ordinance No. 1630.37. An Ordinance of the City of Dripping Springs canvassing the returns and declaring the results of the General Election held on May 6, 2017 for the purpose of electing three (3) City Council Members. B. Presentation of Certificates of Election and Administer Oaths of Office to newly elected officers. C. Discussion and possible action to elect a Mayor Pro Tem. V. 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. A. Recognition of Santos Alba and Charles Busbey for their Service to the City of Dripping Springs VI. 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 May 9, 2017 B. Approval of Treasurer's Report for March 2017 C. Approval of Ordinance No. 1225.03: An Ordinance of the City of Dripping Springs Adopting the Official City Maps of Incorporated Municipal Boundaries (City Limits) and Extraterritorial Jurisdiction; Requesting that Copies of the Maps Be Filed in the Offices of the City Secretary and City Engineer; Providing for: Findings of Fact; Effective Date; Severability; Repealer; and Proper Notice and Meeting. D. Approval of assignment of solid waste franchise and amendment to solid waste franchise ordinance from Vaquero to Waste Connections. 1. Ordinance No. 1750.04 2. Assignment Agreement. E. Approval of Proclamation of the City of Dripping Springs Proclaiming the 21-27 of May 2017 as “Emergency Medical Services Week” VII. BOARD OF ADJUSTMENT Consideration and Possible Action On: A. Sign Variance Requests for Five Star ER, located at 333 East US 290 West, Marysol Imler, Five Star ER, Applicant 1. Presentation 2. Sign Administrator's Report (Michelle Fischer) 3. Planning & Zoning Commission Report 4. Public Hearing 5. Variance Request to Exceed the Total Signable Area 6. Variance Request to Exceed the Maximum Number of Signs Allowed for a Business in a Multi-Unit Property 7. Variance Request to Exceed Maximum Area Allowed for a Window Sign VIII. ZONING Consideration and Possible Action On: A. Ordinance 1220.139: An Ordinance of the City of Dripping Springs, Texas amending the restrictions of the conditional overlay governing certain real property in the city limits known as Lots 5 and 6 of Peabody Plaza (also known as Deep Eddy Vodka Distillery) including mobile food vendors as an allowed use; defining mobile food vendors; and providing for the following: findings of act; enactment; repealer; severability; codification; and an effective date. Applicant: John Scarborough, Deep Eddy Vodka. 1. Presentation 2. Staff Report (Lali Rambeau) 3. Planning & Zoning Commission Report 4. Public Hearing 5. Ordinance No. 1220.139 B. Conditional Use Permit Application for Deep Eddy Vodka Distillery to Allow for Mobile Food Vendors, Located at 2250 East Hwy. 290, Applicant: John Scarborough, Deep Eddy Vodka 1. Presentation 2. Staff Report (Lali Rambeau) 3. Planning & Zoning Commission Report 4. Public Hearing 5. Conditional Use Permit - Mobile Food Vendor C. Conditional Use Permit Application for Hudson's On Mercer to Allow for a Mobile Food Vendor, Located at 381 Mercer Street, Applicant: Natasha and Chad Hudson, Hudson's on Mercer 1. Presentation 2. Staff Report(Lali Rambeau) 3. Planning & Zoning Commission Report 4. Public Hearing 5. Conditional Use Permit - Mobile Food Vendor  D. Conditional Use Permit Application for Le Muse to Allow for a Mobile Food Vendor, Located at 1007 W. Highway 290, Applicant: Jon Thompson on behalf of Juan Chan, Le Muse 1. Presentation 2. Staff Report(Lali Rambeau) 3. Planning & Zoning Commission Report 4. Public Hearing 5. Conditional Use Permit IX. SUBDIVISIONS Consideration and possible action on: A. Replat of the Beulah Marie Needham Estate, Lot Part of 2, Acres 1.983, City of Dripping Springs, Hays County, Texas. Applicant: Jon Thompson on behalf of Wade and Colie Hudson, Owners. 1. Presentation 2. Staff Report (Lali Rambeau) 3. Planning & Zoning Commission Report 4. Public Hearing 5. Variance from the Dripping Springs Code of Ordinances, Chapter 28, Exhibit A: Subdivision Ordinance, 14.6 requiring the minimum lot size for a residential lot in the City's ETJ that utilizes private septic and a private well to be a minimum of 2.0 acres. 6. Variance from the Dripping Springs Code of Ordinances, Chapter 28, Exhibit A, Section 7.2.5 that states that no replat of all or a portion of a single-family residential subdivision without vacation may be approved for an existing subdivision if the replat would create a lot that is smaller than the smallest developable lot in the remainder of the subdivision. 7. Variance from the City of Dripping Springs Code of Ordinances Chapter 28, Exhibit A, Section 7.6 stating that any replat which adds or deletes lots must include the original subdivision and lot boundaries. 8. Request for Waiver of 3rd Variance Application Fee for Beulah Marie Needham Replat 9. Replat X. PARKS AND RECREATION Consideration and Possible Action On: A. Dripping Springs Ranch Park Needed Repairs and Improvements. Discuss and Take Possible Action. (Sponsor: Councilman King) B. Resolution No. 2017-47: Amending the City-Wide Trail Plan to add Proposed Trails on EMS Drive and Youth Sports Association Road (Sponsor: Councilman King) 1. Staff Report 2. Public Hearing 3. Resolution No. 2017-47 C. Resolution No. 2017-46: Authorizing Grant application for funding to the Texas Department of Transportation for the Dripping Springs Sportsplex Drive Gap Elimination and Connectivity Transportation Alternatives Set Aside Program Project and Authorizing the Mayor to Act as the City's  Authorized Representative in all matters pertaining to the City's Participation in the 2017 Transportation Alternatives Set Aside Program (Sponsor: Councilman Wade King). 1. Staff Report 2. Public Hearing 3. Resolution No. 2017-46 XI. BUSINESS Consideration and Possible Action On: A. Proposed Extension and Alignment of Roger Hanks Parkway 1. Presentation, Jim Martin, Transportation Committee 2. Public Hearing 3. Discussion and Possible Action on Extension and Alignment B. Resolution 2017-45: A Resolution of the City of Dripping Springs, Texas, approving reimbursement to the City from Tax Increment Reinvestment Zones No. 1 and No. 2, including but not limited to, legal fees, consultant fees, other costs incurred by the City, including project management agreements, in anticipation of future TIRZ funds as approved by the City Council and submitted to the TIRZ Boards for reimbursement in accordance with the Final Project and Finance Plan. 1. Staff Report. 2. Resolution 2017-45. C. Discussion and possible action regarding Scope of Services and Professional Services Agreement for TIRZ Project Manager, Keenan Smith, City Lights Design Alliance 1. Staff Report. 2. Professional Services Agreement. D. Request from the City of Dripping Springs Emergency Management Commission for the City to Enter Into an Interlocal Agreement with the Dripping Springs Independent School District for Access to and Use of District’s Radio System to Establish a Reliable Communication System for City Operations. (Sponsor: Mayor Purcell) E. Discuss and consider PID Administrator Services agreement with PIDWorks for Westwood Public Improvement District. 1. Staff Report. 2. PID Administrator Agreement. F. Discuss and consider PID Administrator Services agreement with David Taussig for Heritage Public Improvement District. 1. Staff Report. 2. PID Administrator Agreement. G. Ordinance No. 1460.22: An Ordinance Of The City Of Dripping Springs, Texas, Zoning For Traffic And Rate Of Speed Therein, On Us 290 In The City Limits Of Dripping Springs Defining Speeding And Fixing A Penalty Therefore; Declaring What May Be A Sufficient Complaint In Prosecutions Hereunder; With A Saving Clause Repealing Conflicting Laws And Declaring An Emergency. H. Ordinance No. 1725.01: An Ordinance of the City of Dripping Springs Establishing Retail Water Service Rules and Policies within the City of Dripping Springs and  Providing for the following: findings of fact; enactment; repealer; severability; codification; effective date; and proper notice and meeting. 1. Staff Report 2. Public Hearing 3. Ordinance No. 1725.01 I. Second Amendment to the Wholesale Water Supply Agreement between the Lower Colorado River Authority (now the West Travis County Public Utility Agency) and the City of Dripping Springs to set the Rates and Charges for Retail Water Service to the Blue Blazes Development 1. Staff Report 2. Second Amendment to Wholesale Water Supply Agreement J. Agreement for Provision of Nonstandard Retail Water Service by and Between the City of Dripping Springs and DLC Driftwood 967, LLC for 300 LUEs 1. Staff Report 2. Agreement for Provision of Nonstandard Retail Water Service K. Resolution No. 2017- 48: A Resolution of the City of Dripping Springs, Texas ("City") accepting improvements for Texas Heritage Village and approving and accepting maintenance bond for Texas Heritage Village, Effective Date; and Proper Notice and Meeting. 1. Staff Report 2. Resolution 2017-48 XII. 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 XIII. ANNOUNCEMENTS A. Regular Emergency Management Commission Meeting, May 19, 2016 at 5:00pm B. Regular Transportation Committee Meeting, May 23, 2016 at 3:30pm C. Regular Planning & Zoning Commission Meeting, May 24, 2016 at 7:00pm D. Regular Economic Development Committee Meeting, May 25, 2016 at 4:00pm E. Regular Historic Preservation Commission Meeting, June 6, 2016 at 6:30pm F. Regular Parks and Recreation Commission Meeting, June 13, 2016 at 6:00pm G. Regular Farmers Market Association Board Meeting, June 14, 2016 at 10:00am H. Regular City Council Meeting, June 14, 2016 at 7:00pm XIV. 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.