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City Council Regular Meeting

Regular Meeting

Dripping Springs, TX · November 14, 2017

AgendaMinutes

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 City Council Minutes November 14, 2017 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. City Council Minutes November I 4, 20 I 7 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 ATTEST: ~,,,,,,,,,, __.....Ot\PPinn ''1 -o"'°....··•••••••••~&'A.,, .::' -...\ ;'.~.··~ ··...-.~· ,, 10.: ~ ~ ~··-.~~ : -. ~ ~ ~. i:,. r. . i l (/) ~ J, ... - , ~ "" : it' ... ..•.. 1. \ V / ,#' ,, t,, ··············· ,• ,,, 1 ; ,,,,,,,,,,--. Inc. 1gs'\ ~---- 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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