City Council Regular Meeting

, ) '\ CITY COUNCIL REGULAR MEETING ~ DRIPPING SPRINGS City of Dripping Springs Council Chambers, 511 Mercer St, Dripping Springs, TX Texas Tuesday, September 13, 2022 at 5:00 PM MINUTES CALL TO ORDER AND ROLL CALL With a quorum of the City Council present, Mayor Foulds, Jr. called the meeting to order at 5:06 p.m. City Council Members present were: Mayor Bill Foulds, Jr. Mayor Pro Tern Taline Manassian (arrived at 5:14 p.m.) Council Member Place 2 Wade King Council Member Place 3 Geoffrey Tahuahua "· -~ ·Council Member Place 4 Travis Crow Council Member Place 5 Sherrie Parks Staff, Consultants & Appointed/Elected Officials present were: Deputy City Administrator Ginger Faught City Attorney Laura Mueller City Treasurer Shawn Cox People & Communications Director Lisa Sullivan Planning Director Howard Koontz City Secretary Andrea Cunningham IT Director Jason Weinstock Public Works Director Aaron Reed Special Counsel David Tuckfield PLEDGE OF ALLEGIANCE Mayor Foulds Jr. led the Pledge of Allegiance to the Flag. 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 of citizens or during each public hearing. Speakers may not cede or pool time. ,Members of the public requiring the assistance of a 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 ofthe 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 City Council September 13, 2022 Regular /vleeting Minutes Pagelof3 request a copy of the City 's policy on presentation of citizens from the city secretwy. By law no action may be taken during Presentations of Citizens. No one spoke during Presentation of Citizens. BUSINESS AGENDA 1. Public hearing and possible action regarding an Ordinance of the City of Dripping Springs, Texas ("City") extending the Temporary Moratorium on the Acceptance, Authorization, and Approvals necessary for the Subdivision, Site Planning, Development, or Construction in the City Limits and Extraterritorial Jurisdiction, providing for Findings of Fact, Definitions, Applicability, Purpose, Enactment, Duration, Extension, Exceptions, and Exemptions, Determination and Appeals, Repealer, Severability, Enforcement, Effective Date, and Proper Notice and Meeting. Sponsor: Mayor Foulds, Jr. a. Staff Report - Laura Mueller presented the staff report which is on file. Staff recommends not extending the moratorium. b. Public Hearing - Paul Zarate spoke in OE_P,<?.~ition to extending the moratorium and ., .cc_•. Terry Tull spoke in favor of the extension. Mr. Tull's comments are on file. c. Moratorium Ordinance - A motion was made by Council Member Crow to deny approval of an Ordinance of the City of Dripping Springs, Texas ("City") extending the Temporary Moratorium on the Acceptance, Authorization, and Approvals necessary for the Subdivision, Site Planning, Development, or Construction in the City Limits and Extraterritorial Jurisdiction, providing for Findings of Fact, Definitions, Applicability, Purpose, Enactment, Duration, Extension, Exceptions, and Exemptions, Determination and Appeals, Repealer, Severability, Enforcement, Effective Date, and Proper Notice and Meeting. Council Member King seconded the motion which carried unanimously 5 to 0. Mayor Foulds, Jr. announced that the moratorium will not be extended and is lifted on September 18, 2022. A motion was made by Council Member Tahuahua to adjourn into Executive Session under Texas Local Government Code Section 551.071, Consultation with City Attorney and regarding Executivy Session Agenda items 2 and 3. Mayor Pro Tern Manassian seconded the motion which carried unanimously 5 to 0. EXECUTIVE SESSION AGENDA 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 Oty 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. City Council September 13, 2022 Regular Meeting 1vfinutes Page2of3  2. Consultation with City Attorney regarding legal issues related to pending or contemplated litigation related to the wastewater permits and the Hays Trinity Groundwater Conservation District. Consultation with City Attorney, 551. 071 3. Consultation with City Attorney related to the South Regional Water Reclamation Project and the litigation on the Wastewater Permits and related items. Consultation with City Attorney, 551.071 The City Council met in Executive Session from 5:32 p.m. - 6:02 p.m. There was no action or vote taken during Executive Session. Mayor Foulds, Jr. returned the meeting to Open Session at 6:02 p.m. OPEN SESSION A motion was made by Council Member Crow to bring Executive Session Agenda item 2 into Open Session for possible action. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. 2. Consultation with City Attorney regarding legal issues related to pending or contemplated litigation related to the wastewater permits and the Hays Trinity Groundwater Conservation District. Consultation with City Attorney, 551.071 A motion was made by Council Member Crow to authorize the City Attorney, Special Counsel David Tuckfield and the Deputy City Administrator to use all needed staff and resources to bring appropriate causes of action against any officer or employee or the Hays Trinity Groundwater Conservation District as it relates to opposition of the City's permits. Council Member Tahuahua seconded the motion which carried unanimously 5 to 0. ADJOURN A motion was made by Council Member Tahuahua to adjourn the meeting. Council Member Parks seconded the motion which carried unanimously 5 to 0. This regular meeting adjourned at 6:03 p.m. APPROVED ON: September 20, 2022 ~- -~-=,..:"''>\\\\. _... ,C"\{\pp,n,-, '\ I .:--- ~ ~ ...... ···•::r. ~ 1,, \) f~~.•~·· i!U l "\ {$' ····•.i\ '-. U'I ~ ~ "' ' : • ~• ~,I! ~i(I) ir.. .• \ . ..j ~ ~ ~ ATTEST: ~~,, ·.•• . \,/ V •• ...• _,,it! I ... ,. •.. - ,, ,,,,,,,,,,,~ ,. ···•······ · • . . .. •••• J, .. .- ·,#' ~ nc. gs\ -=- !\\ 1 1 !to, ... Andrea Cunningham City Council September 13, 2022 Regular Meeting Minutes Page 3 of 3