DS City Council Agenda May 12

City of Dripping Springs

City Council & Board of Adjustment Workshop & Regular Meeting

Tuesday, May 12, 2020 at 6:00 PM

City Hall Council Chambers

511 Mercer Street - Dripping Springs, TX 78620

 

I.          VIDEOCONFERENCE MEETING

This meeting will be held via videoconference and the public is encouraged and welcome to participate.  Public comment may be given during the videoconference by joining the meeting using the information below.  Public comment for this meeting may also be submitted to the City Secretary at [email protected], no later than 3:00 p.m., Tuesday, May 12, 2020. 

 

The City Council & Board of Adjustment respectfully request that all microphones and webcams be disabled unless you are a member of the City Council or Board of Adjustment.  City staff, consultants and presenters please enable your microphone and webcam when presenting to the City Council or Board of Adjustment.

 

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I.          CALL TO ORDER AND ROLL CALL

Mayor/City Council/Board of Adjustment:

Mayor Todd Purcell

Mayor Pro Tem, Mayor-Elect Tem Bill Foulds, Jr.

Council Member Place 1 Taline Manassian

Council Member Place 2 Wade King

Council Member Place 4 John Kroll

Council Member Place 5 Travis Crow

Council Member-Elect Place 4 April Harris Allison

Board of Adjustment Alternate Charles Busbey

Board of Adjustment Alternate Joe Volpe

 

City Staff/Appointed Officials/Consultants:

City Administrator Michelle Fischer

Deputy City Administrator Ginger Faught

City Attorney Laura Mueller

City Secretary Andrea Cunningham

City Treasurer Gina Gillis

Parks & Community Services Director Kelly Schmidt

Events & Programs Specialists Maggie Martin

Pool Manager Emily Long

Building Official Sarah Cole

Senior Planner Amanda Padilla

City Engineer Chad Gilpin

Planning Consultant Robyn Miga

Architectural Consultant Keenan Smith

Transportation Engineer Leslie Pollack

Planning & Zoning Commission Chair Mim James

 

II.         WORKSHOP

No action will be taken during the Workshop.  

 

A.         Departmental Updates regarding Orders issued from State of Texas Governor Greg Abbott, Hays County Judge Ruben Becerra, and the City of Dripping Springs City Council relating to COVID-19.

 

1. Emergency Management - Emergency Management Coordinator, Roman Baligad

2. Maintenance & Facilities - Maintenance Director Craig Rice

3. Parks, Events & Programming - Parks & Community Services Director, Kelly Schmidt

4. Public Works - Public Works Coordinator, Aaron Reed

5. Building & Permits - Building Official, Sarah Cole

6. Planning & Development - Senior Planner, Amanda Padilla

7. City Secretary's Office - City Secretary, Andrea Cunningham

8. Finance-Gina Gillis, City Treasurer

9. Information Technology-Misty Dean, IT Coordinator

10. City Administration - Michelle Fischer, City Administrator and Ginger Faught, Deputy City Administrator

Governor's Report to Open Texas

Executive Order GA 21

 

B.         Discussion of Cancellation of Events and Closure of City Facilities and other items related to the current disaster declaration. 

Emergency Orders Memorandum

Emergency Management Memorandum 

Executive Order GA 21

Minimum Standard Health Protocols for COVID-19

Declaration No. 2020-D02

Resolution No. 2020-R09 

Resolution No. 2020-R10

 

III.        RECESS

 

IV.        RECONVENE AT 6:30 P.M.

 

V.         PLEDGE OF ALLEGIANCE

 

A.         Diego Ryza, First Class Scout

Chaplain's Aide, Dripping Springs Troop 280

 

IX.        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 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 of the City’s policy on presentation of citizens from the city secretary.  By law no action may be taken during Presentations of Citizens.

 

VI.        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.

 

Chair, Todd Purcell

Board Member, Travis Crow

Board Member, Bill Foulds

Board Member, Wade King

Board Member, John Kroll

Board Member, Taline Manassian

Alternate Board Member, Charles Busbey

Alternate Board Member, Joe Volpe

 

A.         Public hearing and decision regarding VAR2020-0007: Special Exception Application to consider a special exception request for the property located at 540 Goodnight Trail, Dripping Springs, TX 78620,  (Legal Description: POUNDHOUSE HILLS SEC 2, BLOCK B, LOT 7, ACRES 1) A special exception to Chapter 30, Section 5.15.1 Fences in Residential Areas. The special exception would allow the applicant to construct an 8-12 foot tall fence. 

Applicant: Shawn Davis

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Special Exception

Applicant Presentation - Tiffany and Shawn Davis

VAR2020-0007 Staff Presentation

VAR2020-0007 CC Staff report 

Exhibit 1: VAR2020-0007 Application

Exhibit 2: Photos

Exhibit 3: Site Plan

Exhibit 4: Adjacent owner’s approval of fence

Draft Board Of Adjustment Order

 

VII.       2020 GENERAL MUNICIPAL ELECTIONS ADMINISTRATION

 

A.         Administration of Oath of Office and Statement of Officer for Mayor and City Council Members Elect by Mayor Todd Purcell.

 

1. Place 2 Council Member Elect, Wade King

2. Place 4 Council Member Elect, April Harris Allison

3. Mayor Elect, Bill Foulds, Jr.

Oaths & Statements of Officer

 

B.         Discuss and consider the Appointment of an individual to Council Member Place 3 for a term to expire May 2021.

 

1. Appointment

2. Oath of Office & Statement of Office

City Council Vacancy Staff Report

Oath & Statement of Officer

 

C.         Discuss and consider the Appointment of a City Council Member to serve as Mayor Pro Tem for a term of one (1) year.

 

1. Staff Report

2. Mayor Pro Tem

Mayor Pro Tem Appointment Staff Report

 

D.         Discussion regarding the Appointment of  City Council Members to the Economic Development Committee and the Transportation Committee for a term of one (1) year, and the Appointment of a City Council Member Liaison to the TIRZ No.1 & No. 2 Board (no action to be taken).

 

1. Staff Report

2. Economic Development Committee 

3. Transportation Committee

4. TIRZ No. 1 & No. 2 Board Liaison

CC Board & Committee Appointments Staff Report

 

E.         Discussion regarding the Appointment of City Council Members to Areas of Oversight (no action to be taken).

 

1. Staff Report

2. Parks & Recreation

3. Public Health & Safety

4. Utilities

5. Finance

6. Transportation & Streets

7. Community Services

Areas of Oversight Appointments Staff Report

 

VIII.      PRESENTATIONS

The City Council may choose to discuss, take public comment and/or action on items as necessary.

 

A.         Presentation of an Award and approval of a Resolution in recognition of Todd Purcell for Excellence in Public Service.

 

1. Award Presentation

2. Resolution

Resolution in Recognition of Todd Purcell

 

B.         Presentation of an Award and approval of a Resolution in recognition of John Kroll for Excellence in Public Service.

 

1. Award Presentation

2. Resolution

Resolution in Recognition of John Kroll

 

X.         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 April 14, 2020 City Council and Board of Adjustment Workshop and Regular Meeting Minutes and the April 21, 2020 City Council Regular Meeting Minutes.

April 14, 2020 CC Minutes

April 21, 2020 CC Minutes

 

B.         Approval of the March 2020 City Treasurer's Report.

April 2020 City Treasurer Report

 

C.         Approval of Amendment No. 3 regarding the Headwaters Municipal Utility Creation & Operation Agreement between the City of Dripping Springs, WFC Headwaters Owner VII, LP, Rathgeber Investment Company, Ltd, Oryx Development, LLC, a Texas limited liability company (“Oryx”), successor in interest to E.E. Townes Family Trust and Headwaters Municipal Utility District and Resolution Consenting to related Road Bonds by the Headwaters Municipal Utility District.

Headwaters MUD Amendment No. 3 Staff Report

2005 Headwaters MUD Creation & Operation Agreement

2015 Headwaters MUD Creation & Operation Agreement Amendment 1

2015 Headwaters MUD Creation & Operation Agreement Amendment 2

Headwaters MUD Official Notice of Bond Sale

Headwaters MUD 2019 Audit

Headwaters Road Bond Issuance Resolution

Headwaters MUD Creation and Operations Agreement Amendment No. 3

 

D.         Approval of a Resolution Authorizing Execution of an Advance Funding Agreement (AFA) With the Texas Department of Transportation for a Transportation Alternatives Set-Aside (TASA) Project.

TASA Project Staff Report

Rob Shelton Sidewalk Project Resolution 

Project Layout

 

E.         Approval of Proposed Parkland Dedication for the Big Sky Development to include approximately 13.585 additional acres, situated in the I.V. Davis Jr. preemption survey, Abstract No. 673, Hays County, Texas, to be known as Tract 2 within the overall development.

Big Sky Parkland Dedication Staff Report

Big Sky Parkland Dedication Narrative

Big Sky Parkland Dedication Map

Big Sky Parkland Dedication Master Plan PD No. 10

 

F.         Approval of a Resolution of the City of Dripping Springs, Texas, Accepting Improvements and Approving and Accepting a Maintenance Bond for Charro Vista Subdivision Streets and Drainage Improvements.

Sponsor Mayor Pro Tem Foulds

TxDOT Resolution Staff Report

Charro Vista Maintenance Bond

Charro Vista Bond Resolution

 

G.        Approval of an amended Hotel Occupancy Tax Agreement between the City of Dripping Springs and the Hill Country Alliance. 

Hill Country Alliance HOT Agreement Staff Report

2019 Hill Country Alliance HOT Funding Agreement FY20

 

XI.        BUSINESS

 

A.         Public hearing and consideration of approval of an Ordinance regarding PDD2019-0001: Application for Planned Development District to allow Multi-Family land uses, up to 4 stories, and an excess of 40’ feet in height for property located at 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 Sports Park Road (Legal Description: A0415 PHILIP A SMITH SURVEY, ACRES 4.27, Hays County, TX).

Applicant: Phil Roesel, CRTX Development LLC

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Planned Development District Ordinance

6. Road Agreement

7. Restrictive Covenant for Affordable Housing

8. Wastewater Utility Agreement

PDD2019-0001 Presentation

PDD2019-0001: CC Staff Report - PDD 11 

PDD2019-0001 Ordinance

Concept Plan with City Architect Comments

Affordable Housing Agreement

PDD No. 11 Road Agreement

PDD No. 11 Wastewater Agreement

 

B.         Public hearing and consideration of approval of an Ordinance regarding ZA2019-0011: an Amendment to the City of Dripping Springs Code of Ordinances Chapter 6: Business Regulations, Article 6.04: Alcoholic Beverages, and Chapter 30: Zoning, Exhibit A: Zoning Ordinance, Section 1.6: Definitions and Section 3.17: Conditional Use Permit (CUP).  

 

1. Staff Report

2. Planning & Zoning Commission Report

3. Public Hearing

4. Zoning Amendment Ordinance

ZA2019-011: Staff Report

ZA2019-0011: Amendment Ordinance Option A Bars 

ZA2019-0011: Amendment Ordinance Option B Restaurant Excluded

TABC State Law

CODS Alcoholic Beverages Code Section

DSISD Resolution Regarding Ordinance

 

C.         Public hearing and consideration of approval of an Ordinance regarding ZA2020-0002: Application for Zoning Amendment from Agricultural (AG) to Commercial Services (CS) with a Conditional Overlay, prohibiting certain uses that are allowed by right within the CS zoning district, for an approximately 8.546-acre tract of land situated in the Benjamin F. Hanna Survey, Abstract No. 222, Section No. 28, Hays County, Texas. The property is generally located north of U.S. 290, and west of Bell Springs Road. 

Applicant: Rusty Staudt

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Zoning Amendment Ordinance

ZA2020-0002 CC Staff Report

ZA2020-0002 Conditional Overlay Restricted Uses

ZA2020-0002 Zoning Application

ZA2020-0002 Location Map

ZA2020-0002 Public Comment

ZA2020-0002 Ordinance

 

D.         Public hearing and consideration of approval of an Ordinance regarding ZA2020-0003: Application for Zoning Amendment from Agricultural (AG) to Commercial Services (CS) for an approximately 7.5 acre tract of land situated in HOWARD RANCH COMMERCIAL, Lot 1 Hays County, Texas. The property is generally located at the intersection of Ranch Road 12 and Farm to Market 150.

Applicant: Bill E. Couch, Carlson Brigance and Doering, Inc.

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Zoning Amendment Ordinance

ZA2020-0003: CC Staff Report - Howard Ranch

Exhibit 1: ZA2020-0003 Application- 

Exhibit 2: Conceptual Drawings of Commercial Building

Exhibit 3: Proposed Land Uses for the 2nd Amendment to Howard Ranch  WW Agreement

Exhibit 4: Howard Ranch Commercial Exterior Design Guideline and Architectural Standards

Exhibit 5: Draft Ordinance for Howard Ranch 

Attachment B: Survey of Lot 1 Howard Ranch

ZA2020-0003 Public Comment

 

E.         Public hearing and consideration of approval of an Ordinance regarding CUP2020-0001: Application for a Conditional Use Permit to allow a bar located at 29035 Ranch Road 12, Dripping Springs TX 78620, Legal Description: SPRINGLAKE, LOT 35A, ACRES 1.216, which is zoned Commercial Services (CS).  

Applicant: Neil Stokes

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Conditional Use Permit Ordinance

CUP2020-0001 CC Staff Report

Exhibit 1: CUP2020-0001 Application

Exhibit 2: Draft Conditional Use Permit Ordinance

Exhibit 3: 2017 Expired CUP

Exhibit 4: Approved Site Development Permit

Exhibit 5: Concept Plan

Exhibit 6: Request for Amplified Music

CUP2020-0001 Public Comment

 

F.         Public hearing and consideration of approval of an Ordinance regarding CUP2020-0002: Application for a Conditional Use Permit to allow a Mobile Food Vendor Court located at 29035 Ranch Road 12, Dripping Springs TX 78620, Legal Description: SPRINGLAKE, LOT 35A, ACRES 1.216, which is zoned Commercial Services (CS).

Applicant: Neil Stokes

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Conditional Use Permit Ordinance 

CUP2020-0002 CC Staff report

Exhibit 1: CUP2020-0002 Application

Exhibit 2: Draft Conditional Use Permit Ordinance

Exhibit 3: 2017 Expired CUP

Exhibit 4: Concept Plan

Exhibit 5: Request for Amplified Music

CUP2020-0002 Public Comment

 

G.        Public hearing and consideration of approval of an Ordinance regarding CUP2020-0003: Application for a Conditional Use Permit to allow a Bar located at 400 W Hwy 290 Suite C 101, Dripping Springs TX 78620, (Legal Description: ORIGINAL TOWN OF DRIPPING SPRINGS, BLOCK PT OF 1-12, ACRES 1.27) which is zoned Commercial Services (CS).

Applicant: Heather Tabor

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Conditional Use Permit Ordinance

CUP2020-0003 CC Staff report

Exhibit 1: CUP2020-0003 Application

Exhibit 2: Draft Conditional Use Permit Ordinance

Exhibit 3: Explanation of Request

Exhibit 4: Site Plan

 

H.        Public hearing and consideration of approval of an Ordinance regarding CUP2020-0004: Application for a Conditional Use Permit to allow for an extension of the bar use located at 330 Mercer St. Suite 4B, Dripping Springs TX 78620, Legal Description: WT CHAPMAN #1 , BLOCK 1, LOT 1-2 & 10, ACRES 0.3644, which is zoned Commercial Services (CS).  The property is generally located north of Mercer Street, and west of Old Fitzhugh Road, with in the Mercer Street Historic District.

Applicant: Jerome Bollom

 

1. Presentation

2. Staff Report

3. Planning & Zoning Commission Report

4. Public Hearing

5. Conditional Use Permit Ordinance

CUP2020-0004 Staff Report

Exhibit 1: CUP2020-0004 Application

Exhibit 2: Arial and Floor Plan

Exhibit 3: Draft Conditional Use Permit Ordinance

 

I.          Discuss and consider approval of a Resolution establishing regulations for the placement of signs on City property during elections and for public awareness.

Sign Policy Staff Report

City Sign Policy Resolution

City Policy - Signs on Public Property

 

J.          Discuss and consider possible action regarding Cancellation of Events and Closure of City Facilities and other items related to the current disaster declaration. 

Emergency Orders Memorandum

Facility Cancellation & Refund Policy Resolution

Facility Cancellation Policy

Emergency Management TML FAQ

Governor's Report on Open Texas

Executive Order GA 21

 

K.         Discuss and consider approval of Reopening Plan regarding Founders Memorial Pool Summer 2020 Operations. 

2020 - COVID-19 Reopening Plan - Founders Memorial Pool

 

L.         Discuss and consider approval of Reopening Plan regarding Summer 2020 Coyote Kids Day Camp program.

2020 - COVID 19 - DS Area Summer Day Camp Response

2020 - COVID Reopening Plan - Parks & Coyote Kids Camp

 

M.        Discuss and consider approval of the creation of a Job Description for Dripping Springs Ranch Park Lead Ranch Hand and authorization for Mayor/City Administrator to hire for the position.

DSRP Lead Ranch Hand Staff Report

DSRP Lead Ranch Hand Job Description

 

N.        Discuss and consider approval of Amended Job Description for the Dripping Springs Ranch Park Event Center Coordinator.

DSRP Event Center Coordinator Staff Report

DSRP Event Center Coordinator Job Description

 

O.        Discuss and consider approval of an Ordinance amending the Master Fee Schedule Article A1.000, Appendix A Fee Schedule.  

Fee Schedule Amendment Staff Report

Base Master Fee Schedule

Master Fee Schedule Amendment Ordinance

 

P.         Discuss and consider approval of termination of an Agreement between the City of Dripping Springs and Granicus, LLC regarding Peak Agenda Software and authorization for the City Administrator execute an Agreement with Municipal Code Corporation regarding Meetings & Agenda Management Software services. 

Agenda Software Staff Report

Municode Meeting & Agenda Management Proposal

Granicus Subscription Agreement for PEAK Agenda

 

Q.        Consideration and possible action regarding Request to Approve Temporary Street Closures for the Dripping Springs High School Graduation Parade on May 29, 2020, from 8:00 to 10:00 pm, including portions of Sports Plex Dr., Mercer St., Bluff St., College St., San Marcos St., and Wallace St.  Applicant Curt Marek, Safety, Security, & Events Manager, Dripping Springs Independent School District.

DS High School Letter of Intent

DS High School Street Closure Application

DS High School Graduate Parade Route

 

XIII.      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 Council Member Place 3 vacancy to be created on May 12, 2020.

Consultation with City Attorney, 551.071

TML Vacancies

 

B.         Consultation with city attorney related to real property for the Tax Increment Reinvestment Zone Town Center Project. 

Consultation with City Attorney, 551.071

2020 DSISD, DSCLD, and Hays County TIRZ ILA

 

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

XIV.      UPCOMING MEETINGS

 

A.         City Council & Board of Adjustment Meetings

May 19, 2020 at 6:00 p.m.

June 9, 2020 at 6:00 p.m. (6:00 Workshop / 6:30 Regular Meeting)

June 16, 2020 at 6:00 p.m.

July 14, 2020 at 6:00 p.m. (6:00 Workshop / 6:30 Regular Meeting)

CC 2020 Meeting Calendar

 

B.         Board, Commission & Committee Meetings

Utility Commission May 13, 2020 at 4:00 p.m.

Downtown Parking Meeting May 14, 2020 at 4:00 p.m.

Transportation Committee May 18, 2020 at 3:30 p.m.

Emergency Management Commission May 19 at 12:00 p.m.

XV.       ADJOURN

 

XVI.      TEXAS OPEN MEETINGS ACT PUBLIC NOTIFICATION & POSTING OF MEETING

 

All agenda items listed above are eligible for discussion and action unless otherwise specifically noted.  This notice of meeting is posted in accordance with Chapter 551, Government Code, Vernon's Texas Codes. Annotated.  In addition, the City Council may consider a vote to excuse the absence of any City Council Member for absence from this meeting.

 

Due to the Texas Governor Order, Hays County Order, City of Dripping Springs Disaster Declaration, and Center for Disease Control guidelines related to COVID-19, a quorum of this body could not be gathered in one place, and this meeting will be conducted through videoconferencing.  Texas Government Code Sections 551.045; 551.125; and 551.127.

 

I certify that this notice of meeting was posted at the City of Dripping Springs City Hall and website, www.cityofdrippingsprings.com, on May 8, 2020 at 5:15 p.m.

 

Andrea Cunningham

City Secretary

 

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.