City Council Regular Meeting

City Council Regular Meeting Minutes March 12, 2019 at 6:00 p.m. A Regular Meeting of the City Council of Dripping Springs, Texas, was held Tuesday, March 12, 2019 at 6:00 p.m. in the City Hall Council Chambers, located at 511 Mercer Street, Dripping Springs, Texas. I. CALL TO ORDER AND ROLL CALL Mawr/City Council/Board o[Adiustment: Mayor Todd Purcell Mayor Pro Tern Bill Foulds Council Member Travis Crow Council Member Wade King Council Member John Kroll (arrive at 6:42 p.m.) Council Member Taline Manassian (arrived at 6:09 p.m.) City Staff/Appointed Officials/Consultants: City Administrator Michelle Fischer Assistant City Attorney Laura Mueller City Treasurer Gina Gillis City Secretary Andrea Cunningham Planning Director Jason Lutz City Engineer Chad Gilpin Parks & Community Services Director Mariana Espinoza DSRP Manager Lynne Dickinson Communications Coordinator Bonnie Gonzalez Planning & Zoning Commission Chair Mim James With a quorum of the City Council present, Mayor Purcell called the meeting to order at 6:05 p.m. II. WORKSHOP No action will be taken during the Workshop. A motion was made by Mayor Pro Tern Foulds to recess in to Executive Session under Texas Government Code Sections 551.071 and 551.074 and regarding Executive Session Agenda Items A - C and Business Agenda Item L. Council Member King seconded the motion which passed unanimously 3 to 0. Executive Session Agenda A. Consultation with City Attorney regarding legal issues related to subdivision and street requirements for property at Gateway 26 doors. Consultation with Attorney, 551.071 B. Consultation with City Attorney regarding legal issues related to the regulation of motor-assisted scooters. Consultation with Attorney, 551.071 City Council March 12, 20/9 Regular Meeting Minutes Page I of JO  C. Consultation with City Attorney regarding legal issues related to the regulation of outdoor burning. Consultation with Attorney, 551.071 Business Agenda L. Discuss and consider approval of the .Job Description for a Full-time Billing Assistant. Sponsor: Mayor Purcell The City Council met in Executive Session from 6:07 p.m. - 6:35 p.m. No action or vote was taken in Executive Session. Mayor Purcell returned the meeting lo Open Session and continued with the Regular Agenda at 6:35 p.m. III. RECESS The Mayor did not recess the meeting. IV. RECONVENE AT 6:30 P.M. Mayor Purcell reconvened the meeting at 6:35 p.m. V. PLEDGE OF ALLl~GIANCE Mayor Purcell led the Pledge of Allegiance to the Flag. VI. PROCLAMATIONS & PRESENTATIONS No aclion lo be laken on proclamalions and presenlations. The Cily Council may choose lo discuss and take public commem on these ifems as necessary. A. Proclamation proclaiming March 31 - April 7, 2019 as "Dark Sky Week" in the City of Dripping Springs. Sponsor: Council Member King Council Member King read and presented the proclamation to Parks & Community Services Director Mariana Espinoza. VII. PRESENTATION OF CITIZENS The .floor is open for Cilizens wishing lo speak on items that are not on /he posted agenda or do not have a public hearing, and speakers are encouraged to sign in prior to speaking. Citizens wishing to speak shall do so after being recognized by the Mayor. Speakers are allowed two (2) minwes lo speak, which lhe Mayor or Cily Council may extend By /mv no aclion may be taken during Presenlations of Cilizens. No one spoke during Presentation of Citizens. VIII. CONSENT AGENDA City Council March 12, 20/9 Regular Meeting Minutes Pagel o/10  The.folhxwing items are anticipated to require lillle 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, if 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 removedf,·om the consent agenda prior to the City Council voting on the consent agenda as a collective, sing ular 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 the City Treasurer's Report for February 2019. Il. Approval of a Co-Sponsorship Agreement between the City of Dripping S prings and D Bar S Roping to hold weekly Roping Practices and Events at Dripping Springs Ranch Park and Event Center. Sponsor: Council Member King C. Approval of the Appointment of Jana Muniz to the Farmers Market Association Board for a term ending June 30, 2020. D. Approva l of a Resolution Appointing Hays County Commissioner Precinct No. 4 Walt Smith and Hays County Representative Mike Figer to the City of Dripping Springs Tax Increment Reinvestment Zone (TlRZ) No. 1 and Tax Increment Reinvestment Zone (TIRZ) No. 2 for terms ending December 31, 2020. Filed as Resolution No. 2019-R 13. E. Approval of a Professional Services Agreement between the City of Dripping Springs and Grant Development Services regarding Grant and Pre-Application Services for Transportation Alternatives/Safe Routes to School funds. Sponsor: Council Member Manassian F. Approval of 2019 Founders Day Festival Participation Agreements between the City of Dripping Springs and: 1. Church of Springs regarding ·waste Removal; 2. VFW Post 2933 and American Legion Post 290 regarding Parking at The Triangle; 3. Dripping Springs Lions C lub regarding Food Vendor Booths and the Mighty T homas Carnival; 4. JP Musical Services Group regarding Stage Lighting and Sound System; 5. St. Martin de Porres Catholic Church regarding Arts & Crafts and Business Booths; 6. Dripping Springs Cook-Off Club regarding Cook-Off Sponsorship; and 7 . .JBAR regarding Portable Restrooms and Hand Washing Stations 8. People's Choice for Entertainment 9. Wyatt Weaver Band for Entertainment 10. Type A Band for Entertainment 11. Lisa Litman Band for E ntertainment City Council March 12, 2019 Regular Meeting lvlinutes Page 3 of JO  12. Rochelle a nd the Sidewind ers for E nterta inment 13. Ca,·port Casanovas for E ntertainment 14. Bob by P ounds Band for E ntertainment 15. L onnie Atkinson fo r Entertainment 16. Braydon Z ink fo r Entertainment Sponsor: Mayor Purcell C. Approval of a Resolution of the City of Dripping S prings findin g that the Founders _ Day Pa rade scheduled to be held on Friday, April 26, 2019, in a nd near the C ity, serves a valid ,rn d legitima te public purpose, and a uth orizing tb e C ity's support of and coopera tion w ith the Event. Sponsor: Mayor Purcell Filed as Resolution No. 2019-R14. H. Approva l of a Facilities Use Agreem ent between the C ity of Dripping S prin gs, the Drippin g Spr ings Lions Club and the Dripping S prings Independent School District for the 201 9 Founders Day Festival. Sponsor: Mayor Purcell I. Approval of a Temporary Street Closures for t he 2019 Found ers Day Festiva l to be held F riday, April 26, 2019 to Sunday, April, 28, 2019: 1. Oki Fitz hugh from RR 12 to Mercer (closed to thru traffi c); 2. Mer cer fro m Bluff to RR 12 (closed to thru traffic 5 p.m. on T hursday); 3. Mcr ee,· from 290 to RR 12 (closed to thru tra ffi c 12 noon on F riday); 4. W allace from RR 12 to Bluff (closed); and 5. Bluff, College and San Marcos from US 290 to Mercer (closed). Sponsor: Mayor Purcell A motion was made by Mayor Pro Tem Foulds to approve Consent Agenda Items A - I. Council Member King seconded the motion which carried unani mously 4 to 0. IX. B USI NESS A. P resentation a nd co nsideration of a cceptance of t he F iscal Year 2018 Year E nd Audit Report. Donald L. Allman, CPA 1. Presentation Donald Allman presented the report which is on fi le. 2. Acceptance of Year End Audit Report A motion was made by Mayor Pro Tem f oulds to accept the Fiscal Year 20 I 8 Year End Audit Report. Counci l Member King seconded the motion which carried unanimously 5 to 0. City Council March 12, 2019 Regular Meeting Minwes Page 4 of10  H. Discuss and consider approval of a Liability & Sponsorship Agreement between the City of Dripping Springs and Dripping Springs Outfitters regarding Parking for the 2019 Founders Day Event. Sponsor: Mayor Purcell Mariana Espinoza presented the staff report which is on file. Staff recommends approval of the agreement. A motion was made by Council Member King to approve Liability & Sponsorship Agreement between the City of Dripping Springs and Dripping Springs Outfitters regarding Parking for the 2019 Founders Day Event. Mayor Pro Tcm Foulds seconded the motion which carried unanimously 5 to 0. C. Discuss and consider approval of a Request to Waive Rental Fees at Dripping Springs Ranch Park and Event Center for the Special Event Room for two days for the League of Agricultural and Equine Centers Footing Academy to allow three Dripping Springs Ranch Park staff members to attend the training. Sponsor: Council Member King Lynne Dickinson presented the staff report which is on file. Staff recommends approval of the request. A motion was made by Council Member King to approve a Request to Waive Rental Fees at Dripping Springs Ranch Park and Event Center for the Special Event Room for two days for the League of Agricultural and Equine Centers Footing Academy to allow three Dripping Springs Ranch Park staff members to attend the training. Mayor Pro Tem Foulds seconded the motion which carried unanimously 5 to 0. D. Discuss and consider approval of SUB2018-0063: a preliminary plat application establishing the Esperanza Subdivision, located in the City of Dripping Springs, along Bell Springs Rd. and south of Harmon Hills Rd./FM 348 (Legal Description: Indian Point, Lot 2A, acres 107.80) for the construction of 104 residential lots. Applicant: Marc Dickey 1. Presentalion - No presentation given. 2. Slaff Reporl Chad Gilpin presented the staff report which is on file. Staff recommends approval of the preliminary plat application. 3. Planning & Zoning Commission Report Chair James: Commission recommended approval 7 to 0. Two individuals spoke during the public hearing citing issues with drainage, traffic and density . ./. Public Hearing City Council March 12, 2019 Regular Meeting Minutes Page 5 of JO  Kathy Boydston, Jericho I.upe, Dr. Clive Bosnyak, Martin Mcconahay and John Clarke spoke in opposition to the item, citing issues with traffic, density, drainage and buffers. 5. SUB2018-0063: Esperanza Prefimina,y Plat A motion was made by Council Member Kroll to approve SUB2018-0063: a preliminary plat application establishing the Esperanza Subdivision, located in the City of Dripping Springs, along Bell Springs Rd. and south of Harmon Hills Rd./FM 348 (Legal Description: Indian Point, Lot 2A, acres 107.80) for the construction of 104 residential lots. Mayor Pro Tern Foulds seconded the motion which carried unanimously 5 to 0. E. Discuss and consider approval of SUB2018-0065: Ragland Replat, located northeast of Roger Hanks Parkway and in between Highway 290 and Old Highway 290 (Legal Description: R J Ragland - Dripping Springs LOT I and Approximately 0.752 acres out of A0415 Philip A Smith Survey, and a Vacated Pt of US HWY 290). Applicant: City of Dripping Springs Council Member Kroll recused himself from this item and stepped down from the dais. 1. Presentation - No presentation given. 2. Sta.ff Report Chad Gilpin presented the staff report which is on file. Staff recommends approval of the replat. 3. Planning and Zoning Commission Report Chair James: Commission recommended approval 7 to 0. ./. Public Hearing No one spoke during the Public Hearing. 5. SUB2018-0065: Ragland Rep/at A motion was made by Mayor Pro Tem Foulds to approve SUB2018-0065: Ragland Replat, located northeast of Roger Hanks Parkway and in between Highway 290 and Old Highway 290 (Legal Description: R J Ragland - Dripping Springs LOT I and Approximately 0.752 acres out of A0415 Philip A Smith Survey, and a Vacated Plat of US HWY 290). subject to the name of the road being brought back to the Mayor for final approval after staffs recommendation. Council Member Crow seconded the motion which carried 4 to I, with Council Member Kroll rccused . F. Discuss and consider approval of an Ordinance of the City of Dripping Springs Voluntarily Annexing approximately 18.355 acres of land, situated in the Benjamin F. Hanna Sun•cy No. 28, Abstract No. 222, Hays County, Texas, generally located at Quail Farm Drive south of U.S. Highway 290, into the City Limits. City Council March 12, 2019 Regular Meeting Minutes Page 6 of 10  Appl icant Jon Thompson 1. Staff Report Jason Lutz presented the staff report wh ich is on file. Staff recommends approval of the ordinance. 2. Public Hearing No one spoke during the Public Hearing. 3. Annexation Ordinance and Municipal Services Plan A motion was made by Mayor Pro Tem Foulds to approve an Ordinance of the City of Dripping Springs Voluntarily Annexing approximately 18.355 acres ofland, situated in the Benjamin F. Hanna Survey No. 28, Abstract No. 222, Hays County, Texas, generally located at Quail Farm Drive south of U.S. Highway 290, into the Ci ty Limits. Council Member Krol l seconded the motion which carried unanimously S to 0. Filed as Ordinance No. 2019-10. G. Discuss and consider the approval of Resolution su pporting the Hays County Application for inclusion in the Co untywid e Pollin g Place Program and the appointment' of City Secretary Andrea C unningham to the Hays County Polling Place Study Committee. Sponsor: Mayor Pro Tcm f oulcls Andrea Cunningham presented the staff report which is on lilc. Staff recommends approval of the resolution. A motion was made by Council Member King to approve a Resolution supporting the Hays County Application for inclusion in the Countywide Polling Place Program and the appointment of City Secretary Andrea Cunningham to the Hays County Polling Place Study Committee. Council Member Kroll seconded the motion which carried 4 to 1, with Council Member Crow opposed. Filed as Resolution No. 2019- R.15. H. Discuss and consider approval of an Ordin ance Amending Division 2. Public Information Policy of the Dripping S prings Code of Ordinances, and establishing standards for requesting, processing, disclosing and withholding C ity records. Sponsor: Mayor Pro Tem Foulds Laura Mueller presented the staff report which is on file. Sta fT recommends approval of the ordinance. A motion was made by Council Member Kroll to approve an Ordinance Amending Division 2. Public Information Policy of the Dripping Springs Code or Ordinances, and establishing City Council March 12, 2019 Regular Meeting Minutes Page 7 of 10  standards fo r requesting, processing, disclosing and withholding City records. Mayor Pro Tem Foulds seconded the motion which carried unanimously 5 to 0. Filed as Ordinance No. 2019-1 I. I. Discuss and co nsider approval of tbe February 12, 2019 and February 19, 2019 City Council meeting minutes, and s taff direction on minutes format. Sponsor: Mayor Pro Tcm Foulds 1. Minutes Formal Discussion Andrea Cunningham presented the staff report which is on file. Staff recommends the recording of minutes in action form . The City Counci l directed staff to maintain audio files of all meetings for one year after approval of the minutes. 2. J\l!inutes Approval A motion was made by Mayor Pro Tcm Foulds to draft the City Council minutes in action format. Council Member Crow seconded the motion which carried unanimously 5 to 0. A motion was made by Mayor Pro Tem roulcls to approve the February 12, 2019 and February I 9, 20 19 City Council meeting minutes in action fo rm. Council Member Crow seconded the motion which carried unanimously 5 to 0. J. Disc uss and consider approval of the Award of a bid to TTE, LLC and Standard Form Agreem ent between the City of Dripping Springs and TTE, LLC regarding the Dripping S prings ISD E lem entary School Lift Station U pg rade. Sponsor: Mayor Pro Tcm Foulds A motion was made by Mayor Pro Tem r oulds to approve the Award of a bid to TIE, LLC and Standard Form Agreement between the City of Dripping Springs and TTE, LLC regarding the Dripping Springs ISO Elementary School Lift Station Upgrade. Council Member Kroll seconded the mot ion which carried unanimously 5 to 0. K. Discuss and consider approva l of an Ordinance amending Chapter 18, Traffic and Vehicles, creating Article 18.04, of the Dripping Springs Code of Ordinances; establishin g regulations for motor-assis ted scooters. · Sponsor: Mayor Pro Tern Foulds Council Member Kroll rccuscd himself from this item and stepped clown from the dais. A motion was made by Mayor Pro Tem roulcls to approve an Ordinance amending Chapter 18, Traffic and Veh icles, creating Article 18.04, of the Dripping Springs Code of Ordinances; establishing regulations for motor-assisted scooters. Council Member King seconded the motion which carried 4 to I, with Council Member Kroll recused. City Council March 12, 20/9 Regular Meeting Minutes Page 8 of W  The C ity Council directed staff to continue to review this item w ith the City Prosecuting Attorney for updates in the next 90 days. Filed as Ord inance No. 2019-12. L. Discuss and consider approval of the Job Description for a Full-time Billing Assistant. Sponsor: Mayor Purcell A motion was made by Council M ember King to approve the Job Description for a Full- time Bill ing Assistant. Mayor Pro Tem Foulds seconded the motion w hich carried unanimously 5 to 0 . X. REPORTS Reports ofStaff, Boards, Commissions. Commillees, Boards and Agencies. All reports are onjile and available for review upon request. A. Transportation Committee Report Erik Burgeson, Chair B. Parks and Community Services Department Monthly Report Reports are on file and available for review upon request. XI. EXECUTIVE SESS ION The City Council for the City of Dripping Springs has the right to adjoum into executive session at any time during the course ofthis meeting to discuss any mafler as authorized by Texas Govemment Code Sections 551.071 (Consultation with Attomey), 551.072 (Deliberations about Real Properly), 551.073 Deliberations about Gi}is and Donation:-.), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), and 551. 086 (Economic Development). The Ci()' Council for the City a/Dripping Springs may act on any ite111 lis1ed in Executive Session in Open Session or ,nave any item.from Executive Session to Open Session.for action. A. Consultation with Cit)' Atto rney rega rding legal issues related to subdivision and street requirements for property at Gateway 26 doors. Consultat ion with Attorney, 55 1.07 1 B. Consultation with City Attorney regarding legal issues related to the regulation of motor-ass isted scooters. Consultatio n w ith Attorney, 551.071 C. Consultation with City Attorney regarding legal issues related to the regulation of outdoor burning. Consultation w ith Attorney, 551.071 The City Council met in Executive Session during the Workshop. XII. UPCOMING MEETINGS City Council March 12, 2019 Regular Meeling Minutes Page 9 of /0  A. City Council & BOA Meetings: March J 9, 2019 - 6:00 p.m. Regular Meeting April 9,2019 - 6:00 p.m. Works hop / 6:30 p.m. Regular Meeting April 16, 2019 - 6:00 p.m. Regular Meeting B. March/April Board, C ommission & C ommittee Meetings: March 13, 2019 - 4:00 p.m. Utility Com mission (TBD) March l 4, 2019 - l 0:00 a.m. F armers Market Association Board March 25, 2019 - 6:30 p.m. Founders Day Commiss ion March 26, 2019 - 6:30 p.m. Plannin g & Zoning Commission March 28, 2019 - 5:00 p.m. E mergency Planning Commission April 1, 2019 - 4:00 p.m. TIRZ No. 1 & No. 2 Board April 1, 2019 - 6:00 p.m. Parks & Recreation Comm ission April 3, 2019 - 4:00 p.m. Historic Preservation Co mmission XIII. ADJOURN A motion was made by Mayor Pro Tern Fou lds lo adjourn the meeting. Council Member King seconded the motion which carried unanimously 5 to 0. This regular meeting adjourned at 7:45 p.m. DATE APPROVED: April 9, 2019 ATTEST: ~...,,,,,,,,,, ---~~\9plng ,,, --~ V . ........ & ,o tf .: 0 ,••·· ·•... ~ - ,, --~·· ·• ',:>.I, ! ·~--- ~ ~ .....~~ ~(j : ~ ~ ~ : : ~ ~ l : . ,f"\ \JI '- ~ : • ~ ~ 'l ,, 11 ...............•....·· -='-:: I \ .·•... \,.J V : .: ~ ~ ' ,,, Inc. 19s\ ~---- \'''''"'''.... City Council March 12, 2019 Regular Meeting Minutes Page JO of JO