City Council Regular Meeting

City Council & Board of Adjustment Workshop & Regular Meeting Minutes January 14, 2020 at 6:00 p.m. A Workshop and Regular Meeting of the City Counc il and Board of Adjustment of Dripping Springs, Texas was held Tuesday, January 14, 2020 beginning at 6:00 p.m. in the C ity Hall Council Chambers located at 5 11 Mercer Street, Dripping Springs, Texas. I. CALL TO ORDER AND ROLL CALL Mavor/City Council/Board o(Adiustment present were: Mayor Todd Pmcell Mayor Pro Tern Bill Foulds Council Member Travis Crow Council Member Wade King Council Member Taline Manassian Council Member absent was: Council Member John Kroll Citv Staff/Appointed O(ficials/Consultants present were: C ity Administrato r Michelle F ischer Deputy C ity Adm inistrator Ginger Faught C ity Attorney Laura Mueller City Treasurer G ina Gillis City Secretary Andrea C unningham B uilding Officia l Sarah Cole Planning Director Jason Lutz Parks & Community Services Directo r Ke lly Schmidt Communicatio ns Coordinator Lisa Sullivan Planning & Zoning Commission C hair M im James W ith a quo rum of the City Council present, Mayor P urcell called the meeting to order at 6 :00 p.m. A motio n was made by Council Member Manassian to excuse the absence of Counc il Member Kroll fro m the meeting. Mayor Pro Tern Foulds seconded the motion w hich carried unanimo usly 4 to 0. II. WORKSHOP No action will be taken during the Workshop. T he City Counc il discussed the fo llowing items during the Workshop: Business Agenda Items: D. Public hearing and consideration of approval of an Ordinance Amending A rticle 24.02 Technica l Construction Codes and Standards; and providing fo r findings of fact, adoption and amendments, a repealer, severability, and enforcement; establishing an effective date; and proper notice and meeting. City Council & Board of Acljustment Janua,y 14, 2020 Workshop & Regular Meeting Minutes Page I of II  E. Public hearing and consideration of approval of an Ordinance of the City of Dripping Springs, Texas amending the current 2020 Fiscal Year Budget; finding municipal purposes; authorizing expenditures; providing for a severability clause; and providing for an effective date. F. Discuss and consider of approval of the revised job description, compensation, and benefits of the Events & Programs Specialist, the Dripping Springs Ranch Park Event Center Coordinator, and the Camp Director. III. RECESS A motion was made by Mayor Pro Tern Foulds to recess the meeting. Council Member Crow seconded the motion which carried unanimously 4 to 0. This meeting recessed at 6:26 p.m. IV. RECONVENE AT 6:30 P.M. Mayor Purcell reconvened the meeting into Open Session at 6:33 p.m. V. PLEDGE OF ALLEGIANCE Mayor Purcell led the Pledge of Allegiance to the Flag. VI. PRESENTATION OF CITIZENS A member of the public who desires to address the City Council regarding any item on an agenda for an open meeting may do so at presentation of citizens before an item or at a public hearing for an item during the City Council's consideration of that item. Citizens wishing to discuss matters not contained within the current agenda may do so, but only during the time allotted for presentation of citizens. Speakers are allowed two (2) minutes to speak during presentation ofcitizens or during each public hearing. Speakers may not cede or pool time. Members ofthe public requiring the assistance ofa translator will be given twice the amount of time as a member of the public who does not require the assistance of a translator to address the City Council. It is the request of the City Council that members of the public wishing to speak on item(s) on the agenda with a noticed Public Hearing hold their comments until the item(s) are presented for consideration. Speakers are encouraged to sign in. Anyone may request a copy ofthe City's policy on presentation ofcitizens from the city secretary. By law no action may be taken during Presentations of Citizens. No one spoke during Presentation of Citizens. VII. CONSENT AGENDA The following items are anticipated to require little or no individualized discussion due to their nature being clerical, ministerial, mundane or routine. In an effort to enhance the efficiency of City Council meetings, it is intended that these items will be acted upon by the City Council with a single motion because no public hearing or determination is necessary. However, a City Council Member or citizen may request separate deliberation for a specific item, in which event those items will be removed from the consent agenda prior to the City Council voting on the consent agenda as a collective, singular item. Prior to voting on the consent agenda, the City Council may add additional items that are listed elsewhere on the same agenda. City Council & Board of Adjustment January 14, 2020 Workshop & Regular Meeting Minutes Page 2 of ll  A. Approval of the December 10, 2019 City Council Workshop & Regular Meeting Minutes and the December 17, 2019 City Council Regular Meeting Minutes. B. Approval of the December 2019 City Treasurer Report. C. Approval of Parkland Dedication requirements for the Forbes Tract Condominiums (Case# SD2019-0015), located at 14300 FM 1826. D. Approval of Parkland Dedication requirements for Ghost Hill Ranch (Legal Description: 19.927 Acres out of the Charles Wilcox Survey No. 36, Abstract No. 498), located at the southeast intersection of Ranch Road 12 and Fitzhugh Road. E. Approval of a proposal from Junior Girl Scout Troop 1398 for the construction and installation of a Bird House(s) to be located in Dripping Springs Ranch Park and/or Charro Ranch Park. F. Approval of revisions to the Parks and Community Services Department Mission Statement. A motion was made by Council Member King to approve Consent Agenda Items A - F, with corrections to the minutes as submitted by the City Secretary. Mayor Pro Tern Foulds seconded the motion which carried unanimously 4 to 0. VIII. BOARD OF ADJUSTMENT The Board of Adjustment will consider items related to appeals of administrative land use determinations, requests for variances and special exceptions related to land use projects, and other items as provided for in the Dripping Springs Code of Ordinances. Board of Adjustment Members Present: Travis Crow, Bill Foulds, Wade King, Taline Manassian and Todd Purcell. Board of Adjustment Members Absent: John Kroll With a quorum of the Board of Adjustment present, the Board hear the following items. A. Public hearing and consideration of approval regarding VAR2019-0014: a Variance Request to consider variances to Chapter 30, Section 5.6. Parking Based on Use and 5.7.6 Rules for Computing Places, regarding how mixed use structures calculate required parking and required parking for the property located at 330 Mercer St, Dripping Springs, TX 78620, (Legal Description: W T CHAPMAN #1, BLOCK 1, LOT 1-2 & 10, ACRES 0.3644 and W T CHAPMAN #1 LOTS 6-7-8-9 BLK 1 GEO#90403754 Hays County, Texas). Applicant: Dean Erickson 1. Presentation Applicant Dean Erickson and Applicant Representative Jon Thompson were available for questions from the Board. City Council & Board of Adjustment January I 4, 2020 Workshop & Regular Meeting Minutes Page3 of ll  2. Staff Report Jason Lutz presented the staff report which is on file. Staff recommends approval with the following recommendations: 1) Applicant construct/improve existing areas to provide additional parking spaces within one year; 2) Additional parking spaces be no less than what is shown on the previous parking plan for areas A, Band C; and 3) Applicant pull a site development permit prior to paving the proposed spaces in order to review water quality and drainage. 3. Planning & Zoning Commission Report Chair James: Commission recommended approval 5 to Owith staff recommendations. 4. Public Hearing No one spoke during the Public Hearing. 5. Variance Request A motion was made by Board Member King to approve V AR2019-0014: a Variance Request to consider variances to Chapter 30, Section 5.6. Parking Based on Use and 5.7.6 Rules for Computing Places, regarding how mixed use structures calculate required parking and required parking for the property located at 330 Mercer St, Dripping Springs, TX 78620, (Legal Description: WT CHAPMAN #1, BLOCK 1, LOT 1-2 & 10, ACRES 0.3644 and W T CHAPMAN #1 LOTS 6-7-8-9 BLK 1 GEO#90403754 Hays County, Texas) with the condition that the applicant construct/improve existing areas to provide additional parking spaces within one year, additional parking spaces be no less than what is shown on the previous parking plan for areas A, B and C, and the applicant pull a site development permit prior to paving the proposed spaces in order to review water quality and drainage. Board Member Crow seconded the motion which failed 4 to 1, with Board Member Foulds opposed. A motion was made by Board Member Foulds to reconsider the item. Board Member King seconded the motion which carried 5 to 0. A motion was made by Board Member Manassian to approve VAR2019-0014: a Variance Request to consider variances to Chapter 30, Section 5.6. Parking Based on Use and 5.7.6 Rules for Computing Places, regarding how mixed use structures calculate required parking and required parking for the property located at 330 Mercer St, Dripping Springs, TX 78620, (Legal Description: WT CHAPMAN #1, BLOCK 1, LOT 1-2 & 10, ACRES 0.3644 and W T CHAPMAN #1 LOTS 6-7-8-9 BLK 1 GEO#90403754 Hays County, Texas) with the condition that the applicant construct/improve existing areas to provide additional parking spaces within one year, additional parking spaces be no less than what is shown on the previous parking plan for areas A, B and C, and the applicant pull a site development permit City Council & Board of Adjustment January 14, 2020 Workshop & Regular Meeting Minutes Page4 of 11  prior to paving the proposed spaces in order to review water quality and drainage. Board Member Crow seconded the motion which carried 5 to 0. IX. BUSINESS A. Public hearing and consideration of approval regarding PDD2019-0001: An Ordinance regarding a proposed Planned Development District to allow General Retail & Multi- Family land uses, up to 4 stories, an excess of 40 feet in height, and reduced parking ratios for property located 27110 Ranch Road 12 (Terry's Mobile Home Park), Dripping Springs, TX (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 5.34, Hays County, TX) and a portion of property located at 230 Sport Park Road (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 4.27, Hays County, TX). Th e Planning & Zoning Commission tabled the item "Until Further Notice " at the applicant's request. Applicant: CRTX Development LLC (Phil Roese!) 1. StaffReport Jason Lutz presented the staff report which is on file. 2. Parks & Recreation Commission Report Jason Lutz presented the Parks & Recreation Commission report. The Commission did not provide a recommendation and will hear the item at their next meeting February 3, 2020. 3. Planning & Zoning Commission Report Cha ir James: Commission tabled the item until further notice. 4. Public Hearing Phil Roese! spoke during the Public Hearing. 5. Ordinance A motion was made by Mayor Pro Tem Foulds to table until further notice PDD2019-0001: An Ordinance regarding a proposed Planned Development District to allow General Retail & Multi-Fan1ily land uses, up to 4 stories, an excess of 40 feet in height, and reduced parking ratios for property located 27110 Ranch Road 12 (Terry's Mobile Home Park), Dripping Springs, TX (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 5.34, Hays County, TX) and a portion of property located at 230 Sport Park Road (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 4.27, Hays County, TX). Council Member King seconded the motion which carried unanimously 4 to 0. City Council & Board of Adjuslment Janua,y 14, 2020 Workshop & Regular Meeling Minutes Page 5 of II  B. Public hearing and consideration of approval regarding ZA2019-0010: a Zoning Ordinance Amending Chapter 30, Exhibit A, Section 3.16 and the Appendix E Zoning Use Regulations (Charts) to allow "Park Accessory Uses". Park Accessory Uses shall include, but not limited to, Community Centers, Senior Centers, Nature Centers, Dog Off Leash Areas, Parks & Community Services Admin Offices, Playgrounds, Camp sites, Hike and Bike trails, Observatory, Park Maintenance Workshop & Storage Facilities, Community Gardens, and other uses as approved by the City. Applicant: C ity Staff 1. Staff Report Jason Lutz presented the staff report which is on file. Staff recommends approval of the ordinance. 2. Parks & Recreation Commission Report Jason Lutz presented the Parks & Recreation Commission report. The Commission recommended approval 6 to 0. 3. Planning & Zoning Commission Report Chair James: Commission recommended approval 5 to 0 . ./. Public Hearing No one spoke during the Public Hearing. 5. Ordinance A motion was made by Council Member King to approve ZA20 19-0010: a Zoning Ordinance Amending Chapter 30, Exhibit A, Section 3 .16 and the Append ix E Zoning Use Regulations (Charts) to allow " Park Accessory Uses" . Park Accesso1y Uses shall include, but not limited to, Community Centers, Senior Centers, Nature Centers, Dog Off Leash Areas, Parks & Community Services Admin Offices, Playgrounds, Camp sites, Hike and Bike trails, Observatory, Park Maintenance Workshop & Storage Facilities, Community Gardens, and other uses as approved by the City. Mayor Pro Tern Foulds seconded the motion which carried unanimously 4 to 0. Filed as Ordinance No. 2020-01 C. Public hearing and consideration of approval regarding ZA2019-0011: an Ordinance Amending Article 6.04: Alcohol Sales of the Dripping Springs Code of Ordinances, Striking Section 6.04.002: Proximity to Schools, Churches, and Hospitals, and Amending Chapter 30: Zoning, Article 3.17: Conditional Use Permits to Create Section 3.17.18. The Planning and Zoning Commission asked tltat the item be postponed and resubmitted to tlte Pla11ni11g and Zo11i11g Commission in Februmy. City Council & Board ofAdjustment Janua,y 14, 2020 Workshop & Regular Meeting Minutes Page 6 of II  Applicant: City Staff 1. Staff Report Laura Mueller presented the staff report which is on fi le. Staff recommends postponement of the item. 2. Planning & Zoning Commission Report Chair James: Commission tabled the item until the February 25, 2020 meeting. 3. Public Hearing No one spoke during the Public Hearing. 4. Ordinance A motion was made by Mayor Pro Tern Foulds to table until March, ZA2019-001 I: an Ordinance Amending A1ticle 6.04: Alcohol Sales of the Dripping Springs Code of Ordinances, Striking Section 6.04.002: Proximity to Schools, Churches, and Hospitals, and Amending Chapter 30: Zoning, Article 3.1 7: Conditional Use Permits to Create Section 3 .17 .18. Council Member King seconded the motion which carried unanimously 4 to 0. D. Public hearing and consideration of approval of an Ordinance Amending Article 24.02 Technical Construction Codes and Standards; and providing for findings of fact, adoption and amendments, a repealer, severability, and enforcement; establishing an effective date; and proper notice and meeting. Sponsor: Mayor Purcell 1. Staff Report Sarah Cole presented the staff report which is on file. Staff recommends approval of the ordinance. 2. Public Hearing No one spoke during the Public Hearing. 3. Ordinance A motion was made by Mayor Pro Tern Foulds to approve an Ordinance Amending Alticle 24.02 Technical Construction Codes and Standards; and providing for findings of fact, adoption and amendments, a repealer, severability, and enforcement; establishing an effective date; and proper notice and meeting. Council Member King seconded the motion which carried unanimously 4 to 0. Filed as Ordinance No. 2020-02 City Council & Board ofAdjustment .Janumy 14, 2020 Workshop & Regular Meeting Minutes Page 7 of 11  E. Public hearing and consideration of approval of an Ordinance Amending Appendix A: Article Al.000 (General Provisions) of the Dripping Springs Code of Ordinances; Amending Section 2: Signs; Section 3: Site Development; Section 4: Subdivision; Section 9: Parks & Recreation; and Section 13: Miscellaneous; Providing for the Following: Findings ofFact; Enactment: Repealer; Severability; Publication; Effective Date: and Proper Notice and Meeting. 1. Staff Report Laura Mueller presented the staff report which is on file. Staff recommends approval of the ordinance. 2. Public Hearing No one spoke during the Public Hearing. 3. Ordinance A motion was made by Mayor Pro Tem Foulds to approve an Ordinance Am ending A ppendix A : Article A 1.000 (General Provisions) of the Dripping Springs Code of Ordinances; Amending Section 2 : S igns; Section 3 : Site Development; Section 4 : Subdivision; Section 9: Parks & Recreation; and Section 13: Miscellaneous; P roviding for the Following : Findings of Fact; Enactment: Repealer; Severability; Publication; Effective Date: and Proper N otice and Meeting, striking section 9.10.1. Council Member King seconded the motion which carried unanimous ly 4 to 0. Filed as Ordinance No. 2020-03 F. Public hearing and consideration of approval of an Ordinance of the City of Dripping Springs, Texas amending the current 2020 Fiscal Year Budget; finding municipal purposes; authorizing expenditures; providing for a severability clause; and providing for an effective date. 1. Staff Report Laura M ueller presented the staff report which is on file . Staff recommends approval of the ordinance. 2. Public Hearing No one spoke during the Public Hearing. 3. Ordinance A motion was made by Mayor P ro Tem Foulds to approve an Ordinance of the City of Dripping Springs, Texas amending the current 2020 Fiscal Year Budget; finding municipal purposes; authorizing expenditures; providing for a severability clause; and providing for an City Council & Board of Acljustment Janua,y I 4, 2020 Workshop & Regular Meeting Minutes Page 8 of II  effective date. Council Member Crow seconded the motion which carried unanimously 4 to 0. Filed as Ordinance No. 2020-04 G. Discuss and consider approval of a Use Agreement between the City of Dripping Springs and Tiger Splash regarding Use of the Founders Memorial Park Pool. Kelly Schmidt presented the staff report which is o n file. Staff recommends approval of the agreem ent. A motion was made by Mayor Pro Tern Foulds to approve a Use Agreement between the City of Dripping Springs and Tiger Splash regard ing Use of the Founders Memorial Park Pool, striking Section II.A.d. Council Member Crow seconded the motion which carried unanimo us ly 4 to 0. H. Discuss and consider approval of a Request by the Dripping Springs High School Baseball Booster Club to waive the Temporary Street Closure Permit Application Fee of $250 associated with th e City's Approved Co-Sponsorship Agreement for the Dripping Springs High School Baseball Booster Club Washer Tournament. Kelly Schmidt presented the staff repo11 w hich is on file. Staff recommends approval of the fee waiver request. A motio n was made by Mayor Pro Tern Foulds to approve a Request by the Dripping Springs High School Baseball Booster Club to waive the Temporary Street C losure Perm it A pplication Fee of $250 associated with the City's Approved Co-Spo nsorship Agreement for the Dripping Springs Hig h Schoo l Baseball Booster Club Washer Tournam ent. Counci l Member Crow seconded the motion which carried unanimously 4 to 0. I. Discuss and consider of approval of the job descriptions, compensation, and benefits of Pool Manager, Life Guards and Camp Counselors, and authorization for the City Administrator and Parks & Community Services Director to hire for the positions. Sponsor: Council Member K ing A motion was m ade by Counci l Member King to approve the j ob descriptions, compensation, and benefits of Pool Manager, Life Guards and Camp Counselors, and authorizatio n for the City Ad minish·ator and Parks & Community Services Director to hire for the positions. Mayor Pro Tern Foulds seconded the motion which carried unanimously 4 to 0. J. Discuss and consider of approval of the revised job description, compensation, and benefits of the Events & Programs Specialist, the Dripping Springs Ranch Park Event Center Coordinator, and the Camp Director. A motion was m ade by Mayor Pro Tern Foulds to approve the revised job description, compensation, and benefits of the Events & Programs Specialist, the Dripping Springs City Council & Board ofAdjustment Janua,y I 4, 2020 Workshop & Regular Meeting Minutes Page 9 of II  Ranch Park Event Center Coordinator, and the Camp Director. Council Member King seconded the motion which carried unanimously 4 to 0. X. REPORTS Reports ofStaff, Boards, Commissions, Committees, Boards and Agencies. All reports are on file and available for review upon request. A. Parks & Community Services Monthly Report A motion was made by Council Member Crow to adjourn into Executive Session under Texas Government Code Section 551.071, Consultation with City Attorney and regarding Executive Session Agenda Items A and C. Council Member Manassian seconded the motion which carried unanimously 3 to 0. Mayor Pro Tern Foulds was not present in the Council Chambers during the vote. XI. EXECUTIVE SESSION The City Council for the City of Dripping Springs has the right to adjourn into executive session at any time during the course of this meeting to discuss any matter as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), and 551.086 (Economic Development). The City Council for the City ofDripping 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 legal issues related to the Goode Easement. Consultation with City Attorney, 551.071 B. Deliberation of Personnel Matters regarding the job descriptions, compensation, benefits, and employment of Life Guards, Camp Counselors, Camp Director, Events & Programs Specialist, and Dripping Springs Ranch Park Event Center Coordinator. Deliberation of Personnel Matters, 551.074 C. Consultation with City Attorney regarding legal issues related to the South Regional Water Reclamation Expansion Project Easement Acquisition. Consultation with City Attorney, 551.071 The City Council met in Executive Session from 8:20 p.m. - 8:41 p.m. No vote or action was taken during Executive Session. Mayor Purcell returned the meeting to Open Session at 8:41 p.m. OPEN SESSION A motion was made by Council Member Manassian to pull Executive Session Agenda Item A for action in Open Session. Council Member Crow seconded the motion which carried unanimously 4 to 0. Executive Session Agenda Item A City Council & Board ofAdjustment January 14, 2020 Workshop & Regular Meeting Minutes Page JO of II  A. Consultation with City Attorney regarding legal issues related to the Goode Easement. A motion was made by Council Member Manassian to authorize an expenditure of up to $5 ,000.00 to fi nalize easements related to Item A. Council Member Crow seconded the motion which carried unanimously 4 to 0. XII. UPCOMING MEETINGS A. City Council & Board of Adjustment Meetings January 21 , 2020 at 6:00 p.m. February 11 , 2020 at 6:00 p.m. (6:00 Workshop / 6:30 Regular Meeting) February 18, 2020 at 6:00 p.m. B. Board, Commission & Committee Meetings January 16, 2020 Farmers Market Association Board at 10:00 a.m. January 2 1, 2020 Emergency Management Commission at 12 :00 p.m. January 22, 2020 Economic Development Committee at 4:00 p .m. January 27, 2020 Transportation Committee at 3:30 p.m. January 27, 2020 Founders Day Comm ission at 6:30 p.m. January 28, 2020 Planning & Zoning Commission at 6:30 p.m. XIII. ADJOURN A motion was made by Cow1cil Member Crow to adjourn the meeting. Council Member K ing seconded the motion which carried unanimously 4 to 0. This regular meeting adj ourned at 8:42 p.m. PROVED· Todd Purcell, Mayor ATTEST: City Council & Board of Adjustment Janua,y I-I, 2020 Workshop & Regular Meeting Minutes Page 11 of 11