DS City Hall, 511 Mercer Street, (512) 858-4725
Dripping Springs City Council Meeting Agenda August 13
City of Dripping Springs
City Council & Board of Adjustment Workshop & Regular Meeting
Tuesday, August 13, 2019 at 6:00 PM
City Hall Council Chambers
511 Mercer Street - Dripping Springs, TX 78620
I. CALL TO ORDER AND ROLL CALL
Mayor/City Council/Board of Adjustment:
Mayor Todd Purcell
Mayor Pro Tem Bill Foulds
Council Member Travis Crow
Council Member Wade King
Council Member John Kroll
Council Member Taline Manassian
City Staff/Appointed Officials/Consultants:
City Administrator Michelle Fischer
Deputy City Administrator Ginger Faught
City Secretary Andrea Cunningham
Assistant City Attorney Laura Mueller
City Treasurer Gina Gillis
Code Enforcement/Inspector Aaron Reed
Parks & Community Services Director Mariana Espinoza
Dripping Springs Ranch Park Manager Lynne Dickinson
Planning Director Jason Lutz
City Engineer Chad Gilpin
TIRZ Project Manager Keenan Smith
Planning & Zoning Commission Chair Mim James
II. WORKSHOP
No action will be taken during the Workshop.
A. Fiscal Year 2020 Municipal Budget and Tax Rate.
Gina Gillis, City Treasurer
B. Presentation and discussion regarding State Law Changes regarding House Bill 3167 and its effect on City Subdivision, Site Development, and Parkland Dedication Ordinances.
Laura Mueller, Assistant City Attorney
HB3167 Staff Report
House Bill 3167 Text
III. RECESS
IV. RECONVENE AT 6:30 P.M.
V. PLEDGE OF ALLEGIANCE
VI. PRESENTATION OF CITIZENS
The floor is open for Citizens wishing to speak on items that are not on the posted agenda or for items that are on the agenda, but 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) minutes to speak, which the Mayor or City Council may extend. By law no action may be taken during Presentations 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.
A. Approval of the City Council and Board of Adjustment Regular Meeting Minutes of July 9, 2019.
July 9, 2019 CC Minutes
B. Approval of the City Treasurer's Report for July 2019.
July 2019 Treasurer Report
C. Approval of the Appointment of John Pettit to the Transportation Committee for a term ending June 30, 2021.
TC Appointment Staff Report
D. Approval of a Use Agreement between the City of Dripping Springs and the Dripping Springs Vocational Ag Booster Association, Inc. regarding the use of the Dripping Springs Ranch Park and Event Center.
Sponsor: Council Member King
AG Boosters Staff Report
DS Ag Boosters DSRP Use Agreement
E. Approval of a Facilities Use Agreement between the City of Dripping Springs and the Dripping Springs Lions Club for Christmas on Mercer event to be held Saturday, December 7, 2019.
Sponsor: Council Member King
Lions Club Facilities Use Agreement Christmas on Mercer
F. Approval of a Co-Sponsorship Agreement between the City of Dripping Springs and Springs Veterinary Care for Tails and Trails event to be held at Founders Memorial Park Saturday, September 28, 2019.
Sponsor: Council Member King
Springs Veterinary Care Staff Report
Co-Sponsorship Application Springs Veterinary Care
Co-Sponsorship Agreement Springs Veterinary Care
G. Approval of an Amendment to the Project Agreement between the City of Dripping Springs and the State of Texas, acting through the Texas Parks and Wildlife Department, for Dripping Springs Founders Memorial Park, Project Amendment Number 20-000209, regarding a property conversion and substitution.
TPWD Conversion Packet Amendment
H. Approval of Amended Resolution No. 2019-R27, a Resolution Authorizing application for funding under the 2019 Texas Department of Transportation's Transportation Alternatives Program for the Dripping Springs Rob Shelton Boulevard Pedestrian Sidewalk Project from Sports Park Drive across US 290 to Founders Park Project (ID #: 0_AUS_DrippingSprings01_SRTS-TA) and City Local Match Commitment; and Authorizing the Mayor to Act as the City's Authorized Representative in all matters pertaining to the City's Participation.
Amended Resolution 2019-R27
I. Approval of a Professional Services Agreement between the City of Dripping Springs and Terracon Consultants, Inc. regarding Geotechnical Engineering Services related the South Regional Water Reclamation Treatment Plant Expansion Project.
Sponsor: Mayor Pro Tem Foulds
PSA Terracon Consultants, Inc.
J. Approval of the Amended and Restated Retail Water Service Agreement between the City of Dripping Springs and Meritage Homes of Texas, LLC.
Sponsor: Mayor Pro Tem Foulds
Amended and Restated Retail Water Service Agreement Staff Report
Big Sky Amended and Restated Retail Water Service Agreement Red Line
Big Sky Amended and Restated Retail Water Service Agreement Final
K. Approval of a Resolution Accepting Substantial Completion of Improvements and Approving and Accepting Maintenance Bond for Headwaters Commercial Street and Site Improvements
Sponsor Mayor Pro Tem Foulds
Headwaters Bond Staff Report
Headwater Commercial Bond Acceptance Resolution
L. Approval of a Resolution Accepting Substantial Completion of Improvements and Approving and Accepting Maintenance Bond for Water Infrastructure to Serve the Driftwood Ranch Tract.
Sponsor Mayor Pro Tem Foulds
Driftwood Bond Staff Report
Driftwood Maintenance Bond Acceptance Resolution
M. Approval of an Amendment to Exhibit C of the Wastewater Service Agreement between the City of Dripping Springs and Meritage Homes of Texas, LLC.
Big Sky WWUA Staff Report
Big Sky WW Utility Service and Fee Agreement Amendment No. 1
N. Approval of form of the Kelly and Fernando Pulido Small Barn Donation Agreement, for repairs and maintenance to the Small Barn and associated outdoor arena field; providing for the following: donation amount, scope of donation project, duration of donation, and criteria for acceptance.
Sponsor: Council Member King
Pulido Donation Staff Report
Pulido Family Donation Form
Pulido Donation Agreement
O. Approval of a Co-Sponsorship Agreement between the City of Dripping Springs and the Central Texas Arabian Horse Association regarding events at the Dripping Springs Ranch Park scheduled for October 5, 2019, December 14, 2019, February 8, 2020, July 11 - 12, 2020 and September 26 - 27, 2020.
CTAHA Staff Report
CTAHA Banner Request
CTAHA Co-Sponsorship Application
CTAHA Letter
CTAHA Co-Sponsorship Agreement
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.
A. Public hearing, discussion and consideration of approval regarding Sign Variance Requests for Circle K/Valero, located at 13810 Sawyer Ranch Rd., Dripping Springs, TX, to have additional Wall Signs on the Building and Fuel Canopies.
Kaliki Mendoza, Comet Signs, LLC, Applicant's Representative
1. Presentation
2. Sign Administrator's Report
3. Public Hearing
4. Variance Request to Allow a Wordmark Wall Sign on the Fuel Canopy
5. Variance Request to Allow a Logo Wall Sign on the Fuel Canopy
6. Variance Request to Allow a Wordmark Wall Sign on the Diesel Fuel Canopy
7. Variance Request to Allow a Wall Sign on the East Side of the Building
Sign Administrator's Report
Applicant's Appeal Letter
Store Reimage Document
Variance Request for Fuel Canopy Wordmark Wall Sign
Variance Request for Canopy Logo Wall Sign
Variance Request for Diesel Fuel Canopy Wordmark Wall Sign
Variance Request for Side Wall Sign
IX. BUSINESS
A. Public hearing, discussion and consideration of approval of a Resolution Authorizing the Submission of a Nomination for Funding from Texas Department of Transportation's 2019 Transportation Alternatives Program; and Authorizing the Mayor to Act as the City's Authorized Representative in all matters pertaining to the City's Participation in 2019 Transportation Alternatives Program.
1. Staff Report
2. Public Hearing
3. Resolution
DSISD TA Grant Authorization Staff Report
DSISD TA Grant Authorization Resolution
B. Public hearing, discussion and consideration of approval regarding Parkland Dedication requirements for the "Driftwood Golf & Ranch Club" Phase 1 Final Plat located at 11100 RR-967 (N. Side), Buda, TX 78610.
1. Presentation
2. Staff Report
3. Parks & Recreation Commission Report
4. Public Hearing
5. Parkland Dedication
Driftwood Phase 1 Parkland Cash In Lieu Staff Report
DGRC Phase 1 Final Plat
C. Public hearing, discussion and consideration of approval regarding Parkland Dedication requirements for the "Grotto" multi-family development located at 1459 W. Hwy 290 and Quail Farm Road, Dripping Springs, TX 78620.
1. Presentation
2. Staff Report
3. Parks & Recreation Commission Report
4. Public Hearing
5. Parkland Dedication
The Grotto Parkland Staff Report
The Grotto Revised SDP
The Grotto Parkland Dedication Exhibit
The Grotto Parkland Dedication Narrative
D. Public hearing, discussion and consideration of approval regarding Parkland Dedication requirements for the "Bunker Ranch Phase 5" multi-family condominium development located at the southwest intersection of W. Hwy 290 and Bunker Ranch Road.
1. Presentation
2. Staff Report
3. Parks & Recreation Commission Report
4. Public Hearing
5. Parkland Dedication
Bunker Ranch Phase 5 Parkland Staff Report
Bunker Ranch Site Plan
E. Public hearing, discussion and consideration of approval regarding SUB2019-0028 : Arrowhead Ranch Phase 4 Preliminary Plat for Arrowhead Ranch Subdivision; approximately 127.896 acres Located at the end of Arrowhead Ranch Boulevard, Dripping Springs TX 78620 (Legal Description: A0222 BENJAMIN F HANNA SURVEY, ACRES 183.793).
Applicant: Carlson, Brigance & Doering, Inc.
1. Presentation
2. Staff Report (Chad Gilpin)
3. Planning & Zoning Commission Report
4. Public Hearing
5. Preliminary Plat
SUB2019-0028 Staff Report
SUB2019-0028 Concept Plan
SUB2019-0028 Phase 4 Preliminary Revised Plan Set
SUB2019-0028 Engineering Report
F. Public hearing, discussion and consideration of approval regarding a Zoning Amendment Ordinance related to ZA2019-0002: to consider a requested zoning change from Single-Family Residential District – Low Density (SF-1) to Multiple – Family Residential District (MF) for property located at 26700 Ranch Rd 12, Dripping Springs, Texas (Legal Description: ABS 415 9-3106-01-15 Philip A Smith Survey 10.00 AC MH- AKA Western Woods, Hays County, TX).
Applicant: Jon Thompson
1. Presentation
2. Staff Report
3. Planning & Zoning Commission Report
4. Public Hearing
5. Zoning Amendment Ordinance
ZA2019-0002 Staff Report
G. Public hearing, discussion and consideration of approval regarding a Zoning Amendment Ordinance related to ZA2019-0005: to consider a requested zoning amendment to a Conditional Overlay to allow the land use of "Convenience Store with (or Without) Gasoline Sales" for the area located at the corner of East US Hwy 290 and Sawyer Ranch Rd, Dripping Springs, Texas 78620, also identified as the location of “QuikTrip”. This area is currently zoned General Retail (GR) with a conditional overlay applied in August 2007 by Ordinance No. 1220.020, also known as “Conditional Overlay: Shops at Highpointe,” governing the approximately 10 acres at this location (Legal Description: Approximately 10.0 acres of land, Tract A, Sawyer Springs Subdivision, recorded in Volume 12, Page 240, Plat Records, Hays County, Texas). The applicant is requesting that this conditional overlay be removed from their 3 acre portion of the property ( Legal Description: A 3.151 acre tract of land, situated in the City of Dripping Springs, out of the E.B. Hargraves Survey No. 4, Abstract 240, Hays County, Texas, and being a portion of a 9.730 acre tract of land as conveyed to QuikTrip Corporation in Instrument No. 18008144 of the Official Public Records of Hays County, Texas). - Applicant requested postponement to the September 10, 2019 City Council Meeting.
Applicant: JD Dudley
1. Presentation
2. Staff Report (Jason Lutz)
3. Planning & Zoning Commission Report
4. Public Hearing
5. Zoning Amendment Ordinance (applicant request for postponement)
ZA2019-0005 Staff Report
ZA2019-0005 Postponement Request
Ordinance 1220.20 Shops at Highpointe Conditional Overlay
Shops at Highpointe Development Agreement
ZA2019-0005 Site Plans
ZA2019-0005 Application
ZA2019-0005 Field Notes
ZA2019-0005 Aerial Photo
ZA2019-0005 Zoning Map
H. Public hearing, discussion and consideration of approval regarding a Development Agreement Amendment related to DA2019-0001: to remove an approximate 7.105-acre tract from the overall 24.69 acres referred to as the "Hall Commercial Tract" Development Agreement under Section 4.1.3 of the original Development Agreement, located at the northwest intersection of RR-12 and Whisenant Lane.
Applicant: Jon Thompson
1. Presentation
2. Staff Report (Jason Lutz)
3. Planning & Zoning Commission Report
4. Public Hearing
5. Development Agreement Amendment
DA2019-0001 Staff Report
DA2019-0001 Zoning Map
DA2019-0001 Aerial Map
DA2019-0001 Exhibit B-3
Hall Commercial Tract Development Agreement
I. Public hearing, discussion and consideration of approval regarding a Zoning Amendment Ordinance related to ZA2019-0007: to consider a requested zoning change from General Retail (GR) to Commercial Services (CS) for an approximate 1.250 acres tract out of the G. W. Lindsay Survey, Abstract No. 289, located at the northwest corner of Ranch Road 12 and Whisenant Lane, Dripping Springs, Texas, No. 289.
Applicant: Jon Thompson
1. Presentation
2. Staff Report (Jason Lutz)
3. Planning & Zoning Commission Report
4. Public Hearing
5. Zoning Amendment Ordinance
ZA2019-0007 Staff Report
ZA2019-0007 Additional Land Uses
ZA2019-0007 Conceptual Site Plan
ZA2019-0007 Aerial Photo
ZA2019-0007 Zoning Map
ZA2019-0007 Ordinance
J. Discuss and consider approval of a Letter of Support from the City of Dripping Springs for the Arts Alliance of Central Texas's Application to the Meadows Foundation for the renovation of the Stephenson Building
Sponsor: Council Member Manassian
Arts Alliance of Central Texas Letter of Support
Arts Alliance of Central Texas Citizen Letters of Support
K. Discuss and consider approval of an Ordinance Authorizing the Issuance of $23,500,000 City of Dripping Springs, Texas Combination Tax and Surplus Revenue Certificates of Obligation, Series 2019; and other related matters.
Sponsor: Mayor Pro Tem Foulds
TWDB Summary
TWDB Authorizing CO Issuance Ordinance
Debt Service Schedule
Private Placement Memo
Cash Flow Analysis
Closing Memo
L. Discuss and consider approval of a Resolution Authorizing the Deputy City Administrator, the Designated Representative of the City, to Execute an Agreement with the Texas Water Development Board for Funding in the Amount of $1,000,000.
Sponsor: Mayor Pro Tem Foulds
TWDB Summary
Execution Authorization Resolution
M. Discuss and consider approval of a Wastewater Service and Fee Agreement between the City of Dripping Springs and Jim Karhan regarding approximately 32.674 acres of land out of the Phillip A. Smith Survey No. 26, Abstract No. 415, Hays County, Texas.
Sponsor: Mayor Pro Tem Foulds
Karhan WWUA Staff Report
Karhan Kroll Roadway Development Agreement
Karhan Kroll Roadway and Development Agreement Amendment
Karhan WW Service and Fee Agreement
N. Discuss and consider approval of a Wastewater Service and Fee Agreement between the City of Dripping Springs and Mickey Davidson Kroll regarding approximately 1.339 acres of land out of the Phillip A. Smith Survey No. 26, Abstract No. 415, Hays County, Texas.
Sponsor: Mayor Pro Tem Foulds
Kroll WWUA Staff Report
Karhan Kroll Roadway and Development Agreement Amendment
Karhan Kroll Roadway Development Agreement
Kroll Wastewater Service and Fee Agreement
O. Discuss and consider approval of a Wastewater/Easement Agreement between the City of Dripping Springs and Cannon regarding the Cannon Ranch Subdivision
Sponsor: Mayor Pro Tem
P. Discuss and consider approval of an Agreement between the City of Dripping Springs, Oryx Development, LLC, and Headwaters Municipal Utility District of Hays County and Concerning the Creation and Operation of the Headwaters Commercial Defined Area.
Sponsor: Mayor Pro Tem Foulds
Headwaters Commercial Defined Area Letter
Preliminary Engineering Report for Roads Facilities
Preliminary Engineering Report for Water, WW and Drainage Facilities
Headwaters Commercial Defined Area Agreement
Q. Discuss and consider approval of an Amendment to an Interlocal Agreement (the “Agreement”), by and between the City of Dripping Springs, a general law city in Hays County, Texas (hereinafter the “City”), Dripping Springs Independent School District (hereinafter the “District”), Dripping Springs Community Library District (the “Library”), and Tax Increment Reinvestment Zone #1 and Tax Increment Reinvestment Zone #2, Dripping Springs, Texas (the “TIRZ”) (collectively the “Parties”), in connection with the development and construction of the Town Center Project, extending the Term and increasing plan study fees.
Sponsor: Council Member Manassian
TIRZ ILA Amendment
R. Discuss and consider approval of an Amendment to the Agreement, made and entered into in June 2018 by and between the City of Dripping Springs, Texas (hereinafter referred to as the “City”) and Economic and Planning Systems, Inc. (hereinafter referred to as “Contractor”).
EPS PSA Amendment No. 1
S. Appeal of administrative decision to charge professional and consultant fees as determined by ordinance as it relates to the SD2017-005 and SD2019-0021 for the Mark Black Wedding Venue and Mark Black Wedding Venue Amendment.
X. REPORTS
Reports of Staff, Boards, Commissions, Committees, Boards and Agencies. All reports are on file and available for review upon request.
A. Parks and Community Services Department Monthly Report
July 2019 Parks and Community Services Monthly Report
B. Economic Development Committee Report
Kim Fernea, Chair
July 2019 EDC Report
C. Transportation Committee Report
Erik Burgeson, Chair
July 2019 TC Report
D. Maintenance & Facilities Report
Craig Rice, Facilities Director
July 2019 Maintenance & Facilities Report
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 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 legal issues related to legislation before the Texas Legislature pursuant to the City of Dripping Springs 2019 Legislative Program.
Consultation with Attorney, 551.071
B. Consultation with City Attorney regarding legal issues related to the Transportation Plan and Transportation Options.
Consultation with Attorney, 551.071
C. Deliberation of Real Property and Consultation with City Attorney regarding the purchase, exchange, lease, or value of real property related to property located in Headwaters at Barton Creek.
Consultation with Attorney, 551.071; Deliberation of Real Property, 551.072
D. Consultation with City Attorney regarding legal issues related to Headwaters Bond Funding Authorization.
Consultation with Attorney, 551.071
E. Consultation with City Attorney regarding legal issues related to the Headwaters Development Agreement.
Consultation with Attorney, 551.071
F. Consultation with City Attorney regarding legal issues related to the Water Reclamation Project and regarding Easement Acquisition.
Consultation with Attorney, 551.071
G. Consultation with City Attorney regarding legal issues related to the Dripping Springs Water Supply Corporation Retail Water Service.
Consultation with City Attorney, 551.071
H. Consultation with City Attorney and Deliberation regarding the purchase, exchange, lease, or value of real property related to the Tax Increment Reinvestment Zone.
Consultation with City Attorney, 551.071; Deliberation of Real Property, 551.072
I. Consultation with City Attorney regarding legal issues related to recent legislation and case law related to fees charged for land development applications and process for land development applications.
Consultation with City Attorney, 551.071
XII. UPCOMING MEETINGS
A. City Council & BOA Meetings
August 20, 2019 at 6:00 p.m.
September 10, 2019 at 6:00 p.m. (6:00 p.m. Workshop / 6:30 p.m. Regular Meeting)
September 17, 2019 at 6:00 p.m.
October 8, 2019 at 6:00 p.m. (6:00 p.m. Workshop / 6:30 p.m. Regular Meeting)
B. Board, Commission & Committee Meetings
Utility Commission, August 14, 2019 at 4:00 p.m.
Farmers Market Board, August 15, 2019 at 10:00 a.m.
Emergency Management Commission, August 20, 2019 at 12:00 p.m.
Transportation Committee, August 26, 2019 at 3:30 p.m.
Planning & Zoning Commission, August 27, 2019 at 6:30 p.m.
Economic Development Committee, August 28, 2019 at 4:00 p.m.
Parks & Recreation Commission, September 3, 2019 at 6:00 p.m.
Historic Preservation Commission, September 4, 2019 at 4:00 p.m.
TIRZ No. 1 & No. 2 Board, September 9, 2019 at 4:00 p.m.
Founders Day Commission, September 9, 2019 at 6:30 p.m.
XIII. ADJOURN
This facility is wheelchair accessible. Accessible parking spaces are available. Requests for auxiliary aids and services must be made 48 hours prior to this meeting by calling (512) 858-4725.