City Council Regular Meeting
Regular MeetingDripping Springs, TX · November 14, 2017
Minutes
CITY OF DRIPPING SPRINGS, TEXAS
MINUTES OF THE CITY COUNCIL & BOARD OF ADJUSTMENT
REGULAR MEETING OF TUESDAY, NOVEMBER 14, 2017 AT 5:30 P.M.
A Workshop and Regular Meeting of the City Council of Dripping Springs, Texas was held
Tuesday, November 14, 2017 at 5 :30 p.m., in the Council Chambers located at City Hall, 511
Mercer Street, Dripping Springs, Texas.
City Council Members Present were:
Mayor Pro Tern Foulds
Council Member Wade King (arrived at 6: 10 p.m.)
Council Member John Kroll
Council Member Taline Mana~sian
City Council Members Absent were:
Mayor Todd Purcell
Council Member Travis Crow
City Staff and Appointed Officials Present were:
City Administrator Michelle Fischer
Deputy City Administrator Ginger Faught
City Secretary Andrea Cunningham
City Planner Megan Will
Parks & Community Services Director Mariana Espinoza
Dripping Springs Ranch Park Manager Lynne Dickinson
Communications Coordinator Bonnie Gonzalez
Assistant City Attorney Laura Mueller
City Treasurer Gina Gillis
City Engineer Rick Coneway
Consulting Land Planner Anjali Naini
Planning & Zoning Commission Chair Mim James
Special Counsel Dottie Palumbo
Special Counsel David Tuckfield
With a quorum of the City Council present, Mayor Pro Tern Foulds called the Workshop to order
at 5:30 p.m.
WORKSHOP
No action to he taken during workshop. 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.
Staff addressed questions regarding items up for discussion on the Regular Agenda.
City Council Minutes November 14, 2017
Regular Meeting Page I of/5
No vote or action was taken during the workshop.
A motion was made by Council Member Kroll to recess into Executive Session. Mayor Pro Tern
Foulds seconded the motion, which carried unanimously 3 to 0.
Council Member King arrived at 6: IO p.m. and joined the City Council and Staff in Executive
Session.
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 (Deliberation 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.
A. 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
l1'ith City Attorney)
B. 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)
C. Consultation with City Attorney regarding legal issues related to annexation,
development, financing, and zoning of area commonly known as the Heritage Subdivision
(551.07 I Consultation with City Attorney)
D. Consultation with City Attorney regarding legal issues related to subdivision and street
requirements for property at Gateway 26 Doors (551.071 Consultation with City Attomey)
E. 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 needs (551.071
Consultation with City Attorney, 551.072 Purchase, Exchange, Lease, or Value of Real
Proper!)-~
F. Consultation with City Attorney regarding legal issues related to Goode Easement and
roadway extension (551.07 I Consultation with City Attorney)
G. Consultation with City Attorney regarding work hours and benefits for Records
Management and Maintenance Clerk (551.074 Personnel Matte,:~; 551.071 Consultation
with City Attorney)
H. Consultation with City Attorney on DSISD waiver of two-year maintenance bond for
Roger Hanks Roadway Project Phase 1 (551.071 Consultation with City AttorneJ~
The City Council met in Executive Session from 5:57 p.m. - 6:30 p.m.
City Council Minutes November I 4, 20 I 7
Regular Meeting Page 2 (?/'15
No vote or action was taken during Executive Session.
RECESS
Mayor Pro Tern Foulds returned the meeting to Open Session. The City Council recessed from
6:30 - 6:35 p.m.
RECONVENE
With a quorum of the City Council present, Mayor Pro Tern Foulds reconvened the meeting at
6:35 p.m.
PLEDGE OF ALLEGIANCE
Mayor Pro Tern Foulds led the Pledge of Allegiance to the Flag.
A motion was made by Council Member Kroll to hear Subdivision/Site
Development/Zoning/Signage/Conditional Use Permits/Variances/Waivers/Special Exceptions
Items E, F, and J out of order. Mayor Pro Tern Foulds seconded the motion, which carried
unanimously 4 to 0.
SUBDIVISION/SITE DEVELOPMENT/ZONING/SIGNAGE/CONDITIONAL USE
PERMITSN ARIANCES/WAIVERS/SPECIAL EXCEPTIONS
Consideration and Possible Action 011:
E. Sign Variance Request to allow an additional projecting sign for Sky Cinemas, located at
166 Hargraves Dr., Ste. 100, Bill Banowsky, Sky Cinemas, Applicant
1. Staff Report - Michel le Fischer
Michelle Fischer presented the staff report, which is on file. The applicant is requested
two signs instead of one, and their combined size is 24% less than the maximum
allowed for one sign. Staff recommends approval.
2. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 5 to 0.
3. Puh/ic Hearing
No one spoke during the Public Hearing
City Council Minutes November I 4, 20 I 7
Regular Meeting Page 3 ~(15
4. Variance Request
A motion was made by Council Member King to approve the variance request. Council
Member Kro11 seconded the motion, which carried unanimously 4 to 0.
F. Sing Variance Request to allow an additional projecting sign for Sherwin Williams
Paints, located at 27490 Ranch Road 12, Danielle Manion, Liberty Signs, Applicant
1. Staff Report - Michelle Fischer
Michelle Fischer presented the staff report, which is one file. The applicant is
requesting an additional wall sign due to two separate entrances and parking areas.
Both signs arc smaller in area than the maximum allowed. Staff recommends that
approval of the variance request be granted with the condition that the applicant remove
signs of tenants no longer in the building, and that the applicant bring the exterior
lighting into compliance with the City's Lighting Ordinance.
2. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 5 to 0.
3. Public Hearing
No one spoke during the Public Hearing.
4. Variance Request
A motion was made by Council Member Kroll lo approve the variance request with
staff recommendations. Council Member King seconded the motion, which carried
unanimously 4 to 0.
J. Variance Request from the Dripping Springs Code of Ordinances, Chapter 28 Section
28.04.0tS(b) to allow cut/fill over 6 feet for Windmill Center at The Preserve (136-137
Drifting Wind Run), located at East U.S. 290 and Drifting Wind Run, Dripping Springs,
TX 78620, Applicant, Chuck Rogers, on hehalf o_f Chuck Realtors, LLC
1. Presentation - Rex Baker
On behalf of the applicant, Rex Baker presented the project as necessary to meet certain
requirements with regards to water quality and detention pond, ADA parking, and
drainage.
2. Stajf'Report - Rick Coneway
City Council Minutes November 14, 2017
Regular Meeting Page 4 <?f'15
Rick Coneway presented the staff report which is on file. Staff recommends approva]
of the variance request.
3. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 4 to O to I, with Chair
Mim James recusing.
4. Public Hearing
No ones spoke during the Pub]ic Hearing.
5. Variance Request
A motion was made by Council Member King to approve the variance request. Council
Member Kro11 seconded the motion, which carried unanimously 4 to 0.
Council Member Kroll recused from the remainder of the meeting at 6:42 p.m.
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 necesswy.
A. Report on Charro Ranch Park Bridge over Fen Project
Eagle Scout Candidate Destry De Witt gave a presentation on his Charro Ranch Park Bridge
over Fen Project. The bridge is finished, and next steps will include connecting the bridge to
trails and adding ADA ramps.
B. Presentation on Oak Wilt in Dripping Springs
Clay Bales with the Texas A&M Forest Service gave a presentation on Oak Wilt in the City of
Dripping Springs. Mr. Bales reviewed the types of Oak Wilt found in the City and actions the
City can take to mitigate the spread of the fungus. Mr. Bales also reviewed his survey of areas
of concern within the City and City Parks System.
C. Presentation on the City of Dripping Springs Blog, The Dripping Post, Bonnie Gonzalez,
City of Dripping Springs Communications Coordinator
Communications Coordinator Bonnie Gonzalez gave a presentation on the City's soon to be
released blog post~ The Dripping Post. Ms. Gonzalez will be managing the blog and its content~
City Council Minutes November 14, 2017
Regular Meeting Page 5 of15
and is current]y taking vo]unteers for b]og posts. Once The Dripping Post is launched, Ms.
Gonzalez will monitor for user activity and comment.
D. Notice of Selection of City of Dripping Springs Sportsplex Drive Sidewalks Project for
TxDOT 2017 Transportation Alternatives Set-Aside Program Funding
Ginger Faught gave a presentation on the City's approved funding for Sportsplex Drive
Sidewalks Project. The project will construct 6-foot wide sidewalks on Sportsplex Drive from
US Highway 290 to Mighty Tiger Drive. Additional improvements include construction of a
I 0-foot wide pedestrian bridge adjacent to Sportsplex Drive in the elevated section, and
placement of bike racks. Warning signs and crosswalks with pedestrian-actuated flashers will
also be installed at school crossings.
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 e.ffort to enhance the efficiency of
Ci(v Council meetings, ii 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. Hon-·ever, a City Council
Member or citizen may request separate deliberation for a specffic 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 revised job description for Development Coordinator position and
authorization for the Mayor to hire
B. Approval of the City Treasurer's Report for October 2017
C. Approval of Ordinance No. 1225.05: An Ordinance of the City of Dripping Springs,
Texas adopting the Official City Maps of Incorporated Municipal Boundaries (City
Limits) and Extraterritorial Jurisdiction; Requesting that copies of the maps be filed in
the Office of the City Secretary and City Engineer; Providing for: Findings of Fact;
Effective Date; Severability; Repealer; and Proper Notice of Meeting
D. Approval of Resolution No. 2017-64: A Resolution of the City of Dripping Springs
consenting to Headwaters Municipal Utility District Bond Application
E. Approval of Resolution No. 2017-68: A Resolution of the City of Dripping Springs
consenting to Hays County Municipal Utility District #4 Bond Application
F. Approval of Resolution No. 2017-69: A Resolution of the City of Dripping Springs
consenting to Hays County Municipal Utility District #5 Bond Application
G. Approval of Ordinance No. 2410.11: An Ordinance of the City of Dripping Springs,
Texas, modifying current TMRS contribution; establishing a 6% employee deposit rate
and a 2: 1 city matching ratio to the Texas Municipal Retirement System by the employees
of the City of Dripping Springs; and providing for a change in the municipal
contributions to the current service annuity reserve at retirement of the employees of the
City of Dripping Springs (Sponsor: Mayor Purcell)
City Council Minutes November 14, 2017
Regular Meeting Page 6 of 15
H. Approval of Ordinance No. 1530.52: An Ordinance of the City of Dripping Springs, to
incorporate adjacent and contiguous territory formerly a greenbelt of Harrison Hills into
the Dripping Springs Ranch Park (Sponsor: Council Member King)
I. Approval of Ordinance No. 1070.66: An Ordinance amending Article Al.000 (General
Provisions) of the Dripping Springs Code of Ordinances; amending the Dripping Springs
Ranch Park Fee Schedule (Sponsor: Council Member King)
J. Approval of updated Ranch Park Policy and Rental Form (Sponsor: Council Member
King)
K. Approval of Temporary Street Closure of Mercer and surrounding streets on December
2, 2017 for the Christmas on Mercer Event
L. Approval of Ordinance No. 1910.22: An Ordinance amending the terms of the members
of the Emergency Management Commission
M. Approval of the Audit Engagement Letter between the City of Dripping Springs and the
accounting firm of Donald L. Allman, CPA, PC
N. Approval of Westwood Public Improvement District Appraisal Scope of Work change
0. Approval of an Amendment to Ordinance No. 1750.04 to change Progressive Waste
Solutions of TX, lnc.'s d/b/a from Waste Connections of Texas, Inc. to WC of Texas
P. Approval of Progressive Waste Solutions of TX, Inc. d/b/a WC of Texas, re-routing of
solid waste services in the City of Dripping Springs
Q. Approval of Resolution No. 2017-75: A Resolution of the City of Dripping Springs
amending the Personnel Manual to change payroll frequency and employee benefits
R. Approval of Resolution No. 2017-71: A Resolution of the City Council of Dripping
Springs, Texas authorizing the filing of an appeal of the 2017 FEMA Preliminary
Floodplain Map as it relates to property within the City of Dripping Springs
S. Approval of a Professional Services Agreement between the City of Dripping Springs and
Grant Development Services, Inc. to prepare and submit an Application for Funding to
the Capital Area Metropolitan Planning Organization for Planning Studies Funds
related to Ranch Road 12 and Hwy 290 intersection, commonly known· as the Triangle
(Sponsor: Council Member Manassian)
T. Approval of Holiday Lighting and Decoration Professional Services Agreement between
the City of Dripping Springs and Shine of Lakeway (Sponsor: Council Member King)
U. Approval of Co-Sponsorship Agreement between the Dripping Springs Christian
Academy and the City of Dripping Springs
A motion was made by Council Member King to approve the Consent Agenda. Council
Member Manassian seconded the motion, which carried unanimously 3 to 0.
SUBDIVISION/SITE DEVELOPMENT/ZONING/SIGNAGE/CONDITIONAL USE
PERMITSNARIANCES/WAIVERS/SPECIAL EXCEPTIONS
Consideration and Possible Action 011:
A. Ordinance No. 1220.150: Planned Development District #1 (H-E-8): An Ordinance of the
City of Dripping Springs amending Ordinance No. 1220.11 of the Dripping Springs Code
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Regular Meeting Page 7 of/5
of Ordinances; Transfer to Chapter 30, Zoning; Article 30.03 Planned Development
Districts Based on Updated Codification; Modifying Regulation Standards of the
District; Providing for the following: Findings of Fact; Amendment; Repealer;
Severability; Codification; Effective Date; and Proper Notice and Meeting
1. Presentation
Larry Gottsman with H-E-B was available for questions from the City Council.
2. Sta.fTReport -Anjali Naini
Anjali Naini presented the staff report which is on file. Staff recommends approval of
the Ordinance.
3. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 5 to 0.
4. Public Hearing
No one spoke during the Public Hearing.
5. Ordinance No. 1220.150: Amendment to PDD #I
6. Agreement
A motion was made by Council Member King to approve the Ordinance and Amended
Agreement to POD #I. Mayor Pro Tern Foulds seconded the motion, which carried
unanimously 3 to 0.
B. Ordinance No. 1220.149: An Ordinance of the City of Dripping Springs, Texas amending
the Code of Ordinances, Chapter 30, Exhibit A: Section 1.6.2; and amending Appendix
E: Zoning Use Regulations (Charts) Permitted Use Provisions for Districts Zoned as
General Retail, Commercial Services, Local Retail, and Historic Overlay related to uses
including Bar Use and the Sale and Consumption of Alcohol in such; and providing for
the following: Findings of Fact; Enactment; Repealer; Severability; Codification;
Effective Date; and Proper Notice and Meeting
1. Sta.ff Report -A,yali Naini
Anjali Naini presented the staff report which is on file. Due to requests for Bars where
Bars are not allowed, the City felt it necessary to amend the Code of Ordinances to
define Bars or similar establishments. Staff recommend approval of the ordinance.
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Regular Meeting Page 8 of 15
2. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 4 to 0.
3. Public Hearing
No one spoke during the Public Hearing.
4. Ordinance No. 1220.149
A motion was made by Council Member Manassian to approve Ordinance No.
1220.149. Council Member King seconded the motion, which carried unanimously 3
to 0.
C. Conditional Use Permit Application for an Accessory Dwelling Unit (ADU) located at 198
Creek Road, Dripping Springs, TX 78620, Applicant, Travis Crow
I. Presentation
Andy Dodson spoke, representing the Applicant, regarding request for a Conditional
Use Permit for the construction of an Accessory Dwelling Unit (ADU) for residential
use
2. Staff Report - Megan Will
Megan Will presented the staff report which is on file. Staff recommends approval of
the Conditional Use Permit Application.
3. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 5 to 0.
4. Public Hearing
During the Public Hearing Elizabeth and Jerry Mooney spoke in opposition to the
Conditional Use Permit.
5. Conditional Use Permit
A motion was made by Council Member Manassian to approve the Conditional Use
Permit. Council Member King seconded the motion, which carried unanimously 3 to
0.
City Council Minutes November 14, 2017
Regular Meeting Page 9of15
D. Conditional Use Permit Application for a Mobile Food Vendor Court (2 Food Trucks)
located at 101 San Marcos Street, Dripping Springs, TX 78602, Applicant Mark Sutton
I. Staff Report - Megan Will
Megan Will presented the staff report which is on file. Staff recommends denial of the
Conditional Use Permit due to lack of verification of compliance with Section
30.05.009(k) of the Mobile Food Vendor Ordinance.
2. Planning & Zoning Commission Report - Mim .James
The Planning & Zoning Commission recommended denial 3 to Oto 2, with Chair Mim
James and Commission Member John McIntosh rccusing.
3. Public Hearing
No one spoke during the Public Hearing.
4. Condition Use Permit
A motion was made by Council Member Manassian to deny the Conditional Use
Permit. Council Member King seconded the motion, which canied unanimously 3 to
0.
*Items E a11d F were acted upon previously i11 the agenda.
G. Headwaters Commercial- Preliminary Plat for approximately 39.714 acres located just
off Headwaters Blvd north of Hwy 290, Applicant, Brian Roby, Austin Civil Engineering
1. Staff Report - Megan Will
Megan Will presented the staff report which is on file. Staff recommends approval of
the Preliminary Plat.
2. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 5 to 0.
3. Public Hearing
No one spoke during the Public Hearing.
4. Preliminary Plat
City Council Minutes November I 4, 20 I 7
Regular Meeting Page /Oqf15
A motion was made by Council Member King to approve the Preliminary Plat. Council
Member Manassian seconded the motion, which carried unanimously 3 to 0.
H. JWLP Family, LLC - Preliminary Plat for approximately 7.43 acres located at 700 W.
Hwy 290, Dripping Springs, TX 78620, Applicant, Andrew Dodson, P.E., Doucet &
Associates, Inc.
1. Presentation-Andrew Dodson, P.E.
Andrew Dodson presented the item and explained the Preliminary Plat will consist of
six (6) individual lots.
2. Staff Report- Megan Will
Megan Will presented the staff report which is on file. Staff recommends approval of
the Preliminary Plat.
3. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission recommended approval 5 to 0.
4. Public Hearing
No one spoke during the Public Hearing.
5. Preliminary Plat
A motion was made by Council Member King to approve the Preliminary Plat. Council
Member Manassian seconded the motion, which carried unanimously 3 to 0.
I. Ordinance No. 1220.148: An Ordinance of the City of Dripping Springs rezoning the
properties at 136 and 137 Drifting Wind Run: Lot 1, The Preserve, Phase Three,
Resubdivision of Lot 1-B of the Preserve, Phase One; and Lot 1-A, The Preserve, Phase
One, Hays County, Texas, from Agriculture (AG) to Commercial Services District (CS)
with Overlay, Applicant, Blue Harvest South, LLC
1. Presentation
Rex Baker was available for questions from the City Council, on behalf of the
applicant.
2. Staff Report - Megan Will
Megan Will presented the staff report which is on file. The applicant is requesting a
rezone to allow for commercial mixed-use, with the potential uses of retail and
City Council Minutes November 14, 2017
Regular Meeting Page 11 cf15
restaurants. Staff recommends approva] of the rezone to Commercia] Services with
Overlay.
3. Planning & Zoning Commission Report - Mim James
The Planning & Zoning Commission received comments citing access and traffic
issues. The Commission recommended approval 4 to O to I, with Chair Mim James
recusing.
4. Public Hearing
No one spoke during the Public Hearing.
5. Ordinance No. 1220.148
A motion was made by Council Member King to approve Ordinance No. 1220. 148.
Council Member Manassian seconded the motion, which carried unanimously 3 to 0.
*Item J was acted upon previously in the agenda.
BUSINESS
Consideration and Possible Action on:
A. Equipment and Machinery purchases under FY 2018 Budget (Sponsor: Council Member
King)
A motion was made by Council Member King to approve the purchases. Mayor Pro Tern
Foulds seconded the motion, which carried unanimously 3 to 0.
B. Wastewater Services and Impact Fee Agreement between the City of Dripping Springs
and Western Springs Apartments, LP for a Multi-Family Project located on 14.63 acres
of undeveloped land bordered by Creek Road and Hwy 290 (Sponsor: Mayor Pro Tern
Foulds)
Ginger Faught presented the staff report which is on file. Staff recommends approval of the
agreement.
A motion was made by Mayor Pro Tern Foulds to approve the Wastewater Services and Impact
Fee Agreement. Council Member King seconded the motion, which carried unanimously 3 to
0.
City Council Minutes November 14, 2017
Regular Meeting Page 12of15
C. Resolution No. 2017-72: A Resolution of the City Council of Dripping Springs, Texas
submitting the City Council's official ballot for the Hays Central Appraisal District
Board of Directors for the 2018-2019 Term
Andrea Cunningham presented the staff report which is on file. Staff recommends submitting
a ballot selecting the candidate of the Council's choosing.
A motion was made by Mayor Pro Tern Bill Fou]ds to submit a]] 12 a11otted votes for Tim
Kurpicwski. Council Member King seconded the motion, which carried unanimously 3 to 0.
D. Request from the Dripping Springs Visitors Bureau for appointment of a City
Representative to the Dripping Springs Visitors Bureau Tourism Advisory Committee
A motion was made by Mayor Pro Tern Foulds to appoint Council Member Taline Manassian
as the City's Representative to the Dripping Springs Visitors Bureau Tourism Advisory
Committee. Council Member King seconded the motion, which carried unanimously 3 to 0.
E. Resolution 2017-76: A Resolution of the City Council of the City of Dripping Springs,
Texas estimating the appraised value of taxable real property liable for assessment within
the Heritage Public Improvement District pursuant to Chapter 372 of the Texas Local
Government Code
Dottie Palumbo presented the staff report which is on file. Staff recommends approval of
Resolution No. 2017-76.
A motion was made by Council Member King to approve Resolution No.2017-76. Mayor Pro
Tern Foulds seconded the motion, which carried unanimously 3 to 0.
F. Resolution No. 2017-74: A Resolution of the City Council of the City of Dripping Springs,
Texas, creating Heritage Public Improvement District pursuant to Chapter 372 of the
Texas Local Government Code; and providing for an effective date
Dottie Palumbo presented the staff report which is on file. Staff recommends approval of
Resolution No. 2017-74.
A motion was made by Council Member King to approve Resolution No. 2017-74. Council
Member Manassian seconded the motion, which carried unanimously 3 to 0.
G. Escrow Agreement and Petition for PIO Dissolution for the Heritage Public
Improvement District
Dottie Palumbo presented the staff report which is on file. Staff recommends approval of the
Escrow Agreement and Petition for PIO Dissolution Form.
City Council Minutes November 14, 2017
Regular Meeting Page 13 ~05
A motio n was made by Mayor Pro Tern Foulds to approve the Escrow Agreement and the
Form for Petition for PIO Dissolution. Counci l Member King seconded the motion , which
carried unanimously 3 to 0.
H. Goode access easement within Harrison Hills Subdivision
This item was removed from consideration by the applicant.
I. lnterlocal and Development Agreement between the City of Dripping Springs, Texas, the
City of Buda, Texas, and Jerry Morrison Moncrief ("Property Owner") (Sponsor:
Council Member Kroll)
Ginger Faught presented the staff report w hich is on file. Staff recommends approval of the
Interlocal and Development Agreement.
A motion was made by Mayor Pro Tern Foulds to approve the Interlocal and Development
Agreement. Council Member Manassian seconded the motion, which ca1Tied unanimously 3
to 0.
REPORTS OF AGENCIES, COMMISSIONS AND STAFF
A. Dripping Springs Ranch Park Monthly Report
B. Transportation Committee Monthly Report
C. Economic Development Committee Monthly Report
D. Farmers Market Monthly Report
A copy of the reports are on file in the C ity Secretary's Office and available for inspection
upon request.
ADJOURN
A motion was made by Council Member King to adjourn the regular meeting. Mayor Pro Tern
Foulds seconded the motion, which caITied unanimously 3 to 0.
This regular meeting adjourned at 7:56 p.m.
City Co1111cil Minutes November 14, 2017
Regular Meeting Page 14 of 15
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City Council Minutes November 14. 2017
Regular Meeting Pnge 15 of 15
Agenda
City of Dripping Springs
City Council & Board of Adjustment Meeting Agenda
Tuesday, November 14, 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 Tern Bill Foulds
Council Member Travis Crow
Council Member Wade King
Council Member John Kroll
Council Member Taline Manassian
City Staff/Appointed Officials
City Administrator Michelle Fischer
Deputy City Administrator Ginger Faught
City Secretary Andrea Cunningham
City Planner Megan Will
Parks & Community Services Director Mariana Espinoza
Dripping Springs Ranch Park Manager Lynne Dickinson
Communications Coordinator Bonnie Gonzalez
City Engineer Rick Coneway
Consulting Land Planner Anjali Naini
Planning and Zoning Commission Chair Mim James
Assistant City Attorney Laura Mueller
Special Counsel Dottie Palumbo
Special Counsel David Tuckfield
II. WORKSHOP
No action to be taken during workshop. Staff Reports regarding Consent, Site
Developments, Subdivisions, Zoning, On Site Sewage Facilities, Signs, Variances,
Waivers, Special Exceptions, A11nexations, Alternate Standards, Busil,ess, and Other
Agenda Items listed below.
Ill. RECESS
IV. RECONVENE AT 6:30 p.m.
V. PLEDGE OF ALLEGIANCE
VI. PROCLAMATIONS
Consideration and Possible Action on
VII. PRESENTATION OF CITIZENS
Floor open to discussion on any subject. No action may he taken hy 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. Report on Charro Ranch Park Bridge Over Fen Project, Destin De Witt, Eagle Scout
Candidate
8. Presentation on Oak Wilt in Dripping Springs, Clay Bales, Texas A &M Forest Service
C. Presentation on the City of Drippings Springs Blog, The Dripping Post, Bonnie
Gonzalez, City of Dripping Springs Communications Coordinator
D. Notice of Selection of City of Dripping Springs Sportsplex Drive Sidewalks Project
for TxDOT 2017 Transportation Alternatives Set-Aside Program Funding
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 e_ffort to enhance the
efficienc:v of City Council meetings, it is intended that these items will be acted upon by the
Ci~v 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 spec(fic
item, in which event those items ·will be removed fi·om the consent agenda prior to the City
Council voting on the consent agenda as a collective, singular item. Prior lo voling on the
consent agenda, the City Council may add additional items that are listed elsewhere on the
same agenda.
A. Approval of Revised Job Description for Development Coordinator Position and
Authorization for the Mayor to Hire
8. Approval of City Treasurer's Report for October 2017
C. Approval of Ordinance No. 1225.05: An Ordinance of the City of Dripping Springs,
Texas 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.
I. Staff Report (Anjali Naini)
2. Ordinance No. 1225.05
D. Approval of Resolution No. 2017-64: A Resolution of the City of Dripping Springs
Consenting to Headwaters Municipal Utility District Bond Application
E. Approval of Resolution No. 2017-68: A Resolution of the City of Dripping Springs
Consenting to Hays County Municipal Utility District #4 Bond Application
F. Approval of Resolution No. 2017-69: A Resolution of the City of Dripping Springs
Consenting to Municipal Utility District #5 Bond Application
G. Approval of Ordinance No. 2410.11: An Ordinance of the City of Dripping Springs,
Texas, modifying current TMRS contribution; establishing a 6% employee deposit
rate and 2:1 city matching ration to the Texas Municipal Retirement System by the
employees of the City of Dripping Springs; and providing for a change in the
municipal contributions to the current service annuity reserve at retirement of the
employees of the City of Dripping Springs. (Sponsor: Mayor Purcell)
H. Approval of Ordinance No. 1530.52: An Ordinance of the City of Dripping Springs,
to incorporate adjacent and contiguous territory formerly a greenbelt of Harrison
Hills into the Dripping Springs Ranch Park (Sponsor: Co11ncil Member King)
I. Approval of Ordinance No. 1070.66: An Ordinance amending Article Al.000
(General Provisions) of the Dripping Springs Code of Ordinances; amending the
Dripping Springs Ranch Park Fee Schedule (Spo11sor: Co11ncil Member King)
J. Approval of Updated Ranch Park Policy and Rental Form (Sponsor: Council
Member King)
K. Approval of Temporary Street Closure of Mercer and Surrounding Streets on
December 2, 2017 for the Christmas on Mercer Event
L. Approval of Ordinance No. 1910.22: An Ordinance amending the terms of the
members of the Emergency Management Commission
M. Approval of the Audit Engagement Letter between the City of Dripping Springs and
The Accounting Firm of Donald L. Allman, CPA, PC
N. Approval of Westwood Public Improvement District Appraisal Scope of Work
Change
0. Approval of an Amendment to Ordinance No. 1750.04 to change Progressive Waste
Solutions of TX, Inc. 's d/b/a from Waste Connections of Texas, Inc. to WC of Texas
P. Approval of Progressive Waste Solutions of Tx, Inc. d/b/a WC of Texas, re-routing
of solid waste services in the City of Dripping Springs
Q. Approval of Resolution No. 2017-75: A Resolution of the City Council of Dripping
Springs Amending the Personnel Manual to change payroll frequency and employee
benefits
R. Approval of Resolution No. 2017-71: A Resolution of the City Council of the City
Council of Dripping Springs, Texas authorizing the fJ.ling of an appeal of the 2017
FEMA preliminary floodplain maps as it relates to property within the City of
Dripping Springs
S. Approval of Professional Services Agreement between the City of Dripping Springs
and Grant Development Services,Inc. to Prepare and Submit an Application for
Funding to the Capital Area Metropolitan Planning Organization for Planning
Studies Funds related to Ranch Road 12 and Hwy 290 Intersection, commonly
known as the Triangle (Sponsor: Council Member Manassia11)
T. Approval of Holiday Lighting and Decoration Professional Services Agreement
between the City of Dripping Springs and Shine of Lakeway (Sponsor: Council
Member Wade King)
U. Approval of Co-Sponsorship Agreement between the Dripping Springs Christian
Academy and the City of Dripping Springs (Sponsor: Mayor Pro Tem Bill Foulds)
IX. SUBDIVISION/SITE DEVELOPMENT/ ZONING/SIGNAGE/CONDITIONAL USE
PERMITSNARIANCES/WAIVERS/SPECIAL EXCEPTIONS
Consideration and Possible Action on:
A. Ordinance No. 1220.150: Planned Development District # 1 (H-E-B): An Ordinance
of the City of Dripping Springs Amending Ordinance 1220.11 of the Dripping
Springs Code of Ordinances; Transfer to Chapter 30, Zoning; Article 30.03 Planned
Development Districts Based on Updated Codification; Modifying Regulation
Standards of the District; Providing for the Following: Findings of Fact;
Amendment; Repealer; Se,·erability; Codification; Effective Date; And Proper
Notice & Meeting.
1. Presentation
2. Staff Report (Anjali Naini)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Ordinance No. 1220.150: Amendment to POD# I
6. Agreement
B. Ordinance No. 1220.149: An Ordinance Of The City Of Dripping Springs, Texas
Amending The Code Of Ordinances, Chapter 30, Exhibit A: Section 1.6.2; and
Amending Appendix E: Zoning Use Regulations (Charts) Permitted Use Provisions
for Districts Zoned as General Retail, Commercial Services, Local Retail, and
Historic Overlay Related to Uses Including Bar Use and the Sale and Consumption
of Alcohol in Such; and Providing for the Following: Findings of Fact; Enactment;
Repealer; Severability; Codification; Effective Date; and Proper Notice & Meeting.
l. Staff Report (Anjali Naini)
2. Planning and Zoning Commission Report
3. Public Hearing
4. Ordinance No. 1220.149
C. Conditional Use Permit Application for an Accessory Dwelling Unit (ADU) Located
at 198 Creek Road, Dripping Springs, TX 78620, App/ica11t, Travis Crow.
l. Presentation
2. Staff Report (Megan Will)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Conditional Use Permit
D. Conditional Use Permit Application for an Mobile Food Vendor Court (2 Food
Trucks) Located at 101 San Marcos Street, Dripping Springs, TX 78620, Applicant,
Mark Sutto11.
1. Presentation (Mark Sutton)
2. Staff Report (Megan Will)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Conditional Use Permit
E. Sign Variance Request to Allow an Additional Projecting Sign for Sky Cinemas,
located at 166 Hargraves Dr., Ste. 100, Bill Ba11owsky, Sky Cinemas, Applicant
1. Presentation
2. Staff Report (Michelle Fischer)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Variance Request
F. Sign Variance Request to Allow an Additional Projecting Sign for Shenvin Williams
Paints, located at 27490 Ranch Road 12, Danielle Manio11, Liberty Sig11s, Applicant
1. Presentation
2. Staff Report (Michelle Fischer)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Variance Request
G. Headwaters Commercial - Preliminary Plat for approximately 39.714 acres located
just off Headwaters Blvd north of Hwy 290. Applica11t, Brian Roby, Austill Civil
Engineering
1. Presentation (Brian Roby)
2. Staff Report (Megan Will)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Preliminary Plat
H. JWLP Family, LLC - Preliminary Plat for approximately 7.43 acres located at 700
W. Hwy 290, Dripping Springs, TX 78620. Applicant, Andrew Dodson, P.E., Doucet
& A.~.~tJdates, Inc.
1. Presentation (Andrew Dodson, P.E.)
2. Staff Report (Megan Will)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Preliminary Plat
I. Ordinance No. 1220.148: An Ordinance of the City of Dripping Springs rezoning the
properties at 136 and 137 Drifting Wind Run: Lot 1, The Preserve, Phase Three,
Resubdivision of Lot 1-B of the Preserve, Phase One; and Lot 1-A, The Preserve,
Phase One, Hays County, Texas, from Agriculture District (AG) to Commercial
Services District (CS) with Overlay, Applicant, Blue Harvest South, LLC.
1. Presentation
2. Staff Report
3. Planning and Zoning Commission Report
4. Public Hearing
5. Ordinance
J. Variance Request from the Dripping Springs Code of Ordinance, Chapter 28
Section 28.04.018 (b) to allow cut/fill over 6 feet for Windmill Center at The Preserve
(136-137 Drifting Wind Run), located at East U.S. 290 and Drifting Wind Run,
Dripping Springs, Tx 78620, Applicant, Chuck Rogers, on behalf of Chuck Realtors,
LLC
1. Presentation (Chuck Rogers)
2. Staff Report (Rick Coneway, PE)
3. Planning and Zoning Commission Report
4. Public Hearing
5. Variance to allow cut/fill over 6 feet
X. BUSINESS
Consideration and Possible Action on:
A. Equipment and Machinery Purchases under FY 2018 Budget (Sponsor: Council
Member King)
B. Wastewater Service and Impact Fee Agreement between The City of Dripping
Springs and Western Springs Apartments, LP for a Multi-Family Project located on
14.63 acres of Undeveloped Land bordered by Creek Road and Hwy 290 (Sponsor:
Mayor Pro Tem Foulds)
C. Resolution No. 2017-72: A Resolution of the City Council of Dripping Springs, Texas
submitting the City Council's official ballot for the Hays Central Appraisal District
Board of Directors for the 2018-2019 Term
D. Request from the Dripping Springs Visitors Bureau for Appointment of a City
Representative to the Dripping Springs Visitors Bureau Tourism Advisory
Committee
E. Resolution 2017-76. A Resolution of the City Council of the City of Dripping
Springs, Texas Estimating the Appraised Value of Taxable Real Property Liable for
Assessment within the Heritage Public Improvement District Pursuant to Chapter
372 of the Texas Local Government Code.
F. Resolution No. 2017-74: A Resolution of the City Council of the City of Dripping
Springs, Texas, creating the Heritage Public Improvement District pursuant to
Chapter 372 of the Texas Local Government Code; and providing an effective date.
1. Staff Report (Dottie Palumbo)
2. Public Hearing
3. Resolution No. 2017-74
G. Escrow Agreement and Petition for PIO Dissolution for the Heritage Public
Improvement District
H. Goode Access Easement within Harrison Hills subdivision
1. Staff Report (Laura Mueller)
2. Revised Ingress and Egress Easement
I. Interlocal and Development Agreement between the City of Dripping Springs,
Texas, the City of Buda, Texas, and Jerry Morrison Moncrief ("Property Owner")
(Sponsor: Co11ncil Member Kroll)
XI. REPORTS OF AGENCIES, COMMISSIONS AND STAFF
A. Dripping Springs Ranch Park Monthly Report
B. Transportation Committee Monthly Report
C. Economic Development Committee Monthly Report
D. Farmers Market Monthly Report
XII. EXECUTIVE SESSION
The Citv Council.for the Ci(v qf 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 Proper!)~. 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 <?{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.
A. 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)
8. 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)
C. Consultation with City Attorney regarding legal issues related to annexation,
development, financing, and zoning of area commonly known as the Heritage
Subdivision. (551.07 I Consultation with Ci(v Attorney).
D. Consultation with City Attorney regarding legal issues related to subdivision and
street requirements for property at Gateway 26 doors. (551.017 Consultation with
Attorney)
E. 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 Atrorney and 551.072 Purchase,
Exchange, l ease, or Value ofReal Property)
F. Consultation with City Attorney regarding legal issues related to Goode Easement
and roadway extension (551.071 Consultation with City Attorney)
G. Consultation with City Attorney regarding work hours and benefits for Records
Management and Maintenance Clerk (551. 074 Personnel Matters; 551.071
Consultation with City Attorney)
H. Consultation with City Attorney on DSISD Waiver of Two Year Maintenance Bond
for Roger Hanks Roadway Project Phase 1 (551.071 Consultation with City Attorney).
XIII. ADJOURN
All agenda items listed above are eligible for discussion and action unless otherwise specifically 110/ed. Notice is
pos/ed in accordance ,rilh Chapter 551, Covemmenl Code, Vernon 's Texas Codes, Annotated. 1 cerl[/y 1ha1 the
a hove nolice ofmeeting was posled al City of Dripping Springs City Ila/I and wehsile,
www.cilFo[rlrippi11gspri11gs.co111 on !he I Ot/1 day r4November 2017. al 6:00 p.111 ..
This facility is wheelchair accessible. Accessible parking spaces are av le. Requests/or auxilimy aids and services must
he made 4H hours prior IO !his meeting hy calling (512) 858-4725.
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