City of Lakeway Image

 

AGENDA

City Council Regular Meeting

  Monday, May 16, 2022

City Hall

 1102 Lohmans Crossing Road

Lakeway, TX 78734

6:30 PM

 

Individuals who do not plan to attend the meeting, but wish to submit comments during the public hearings and citizen participation at the meeting may submit a comment through our online form. All submitted comments will be sent to the City Council and will be acknowledged during the meeting.

 

Comments will be accepted until 12:00 p.m. on Friday, May 13, 2022.

 

Those who do plan to attend the meeting in-person are encouraged to pre-register to speak via the city's same online public comment form. The form can be found here:

 

/Portal/CitizenEngagement.aspx   

 

Persons may also register to speak at the meeting.

 

Page

 

1

ESTABLISH QUORUM AND CALL TO ORDER.

 

2

PLEDGE OF ALLEGIANCE.

 

3

RESOLUTION NO. 2022-05-16-01 - A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OF LAKEWAY GENERAL ELECTION HELD ON MAY 7, 2022 AND OTHER MATTERS IN CONNECTION THEREWITH.

 

 

"I move to [Approve / Deny / Table / Postpone] Resolution No. 2022-05-16-01"

 

         Staff report by City Secretary Jo Ann Touchstone.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Resolution No. 2022-05-16-01

8 - 22

 

4

RECOGNITION AND HONORS.

 

         Councilmember Laurie Higginbotham.

         Councilmember Steve Smith.

         Captain David Crowder.

 

5

OATHS OF OFFICE: 2022 ELECTED OFFICIALS.  JUDGE KEVIN MADISON WILL ADMINISTER THE OATHS OF OFFICE TO COUNCILMEMBER KELLY BRYNTESON, COUNCILMEMBER LOUIS MASTRANGELO AND COUNCILMEMBER JENNIFER SZIMANSKI.

 

6

CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEMS 4, 5 AND 12.

 

 

 

CONSENT AGENDA

 

All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion.

 

 

7

APRIL 18, 2022 CITY COUNCIL MEETING MINUTES.

 

 

 

April 18, 2022

23 - 27

 

 

8

RESOLUTION NO. 2022-05-16-02 -  A RESOLUTION OF THE CITY OF LAKEWAY, TEXAS EXTENDING THE TERM OF THE CITY OF LAKEWAY PLANNED UNIT DEVELOPMENT REVIEW (PUD) COMMITTEE AND APPOINTING MEMBERS TO THE PUD REVIEW COMMITTEE.

 

 

 

Staff Report

Resolution No. 2022-05-16-02

28 - 31

 

 

9

MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LAKEWAY AND LAKE TRAVIS INDEPENDENT SCHOOL DISTRICT.

 

 

 

 

 

Staff Report

Memorandum of Understanding

32 - 36

 

 

10

RESOLUTION NO. 2022-05-16-03 - A RESOLUTION OF THE CITY OF LAKEWAY, TEXAS, APPOINTING A MEMBER TO THE AVIATION ZONING DISTRICT STUDY COMMITTEE.

 

 

 

Resolution No. 2022-05-16-03

37 - 38

 

 

11

MONTHLY TREASURER'S REPORT.

 

 

 

Treasurer's Report

39

 

 

 

END CONSENT AGENDA

 

12

FINANCIAL REPORT.

 

 

 

 

Financial Report

40 - 42

 

13

RESOLUTION NO. 2022-05-16-04 APPOINTING A MAYOR PRO TEM.

 

 

"I move to [Approve / Deny / Table / Postpone] Resolution No. 2022-05-16-04"

 

         Staff report by City Secretary Jo Ann Touchstone.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Resolution No. 2022-05-16-04

43 - 44

 

14

CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA.

 

15

UPDATE FROM PEDERNALES ELECTRIC COOPERATIVE.

 

         Update from Julie Parsley, PEC CEO.

         Citizen participation.

         Council discussion.

 

16

LEASE AGREEMENT BETWEEN THE CITY OF LAKEWAY AND THE LOWER COLORADO RIVER AUTHORITY.

 

"I move to [Approve / Deny / Table / Postpone] Lease Agreement"

 

         Staff report by Director of Parks and Recreation Andra Bennett.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Lease Agreement

Maps

45 - 67

 

17

ORDINANCE NO. 2022-05-16-01 - ANNEXATION LAKEWAY HIGHLANDS PUBLIC PARK  AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ANNEXING APPROXIMATELY 29.334 ACRES OF LAND DESCRIBED BY METES AND BOUNDS (EXHIBIT B), INTO THE CITY OF LAKEWAY, TRAVIS COUNTY, TEXAS AND EXPANDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE ANNEXED PROPERTY WITHIN THE CITY LIMITS; DIRECTING THE SECRETARY TO FILE A CERTIFIED COPY OF THIS ORDINANCE WITH CERTAIN AUTHORITIES; DIRECTING THAT THE MAP OF THE CITY’S BOUNDARIES AND EXTRATERRITORIAL JURISDICTION BE CORRECTED TO INCLUDE THE ANNEXED TERRITORY; PROVIDING FOR THE ATTACHMENT OF THE SERVICE PLAN AND GRANTING TO SAID PROPERTY AND ALL PRESENT AND FUTURE INHABITANTS ALL OF THE RIGHTS AND PRIVELEGES OF OTHER CITIZENS OF THE CITY AND BINDING INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY; PROVIDING FOR SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-05-16-01"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

68 - 102

 

18

ORDINANCE NO. 2022-05-16-02 - ZONING  AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 29.334 ACRES TO BE ZONED P-1 (PUBLIC PARK) DESCRIBED AS LAKEWAY HIGHLANDS PUBLIC PARK AND; PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-05-16-02"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

103 - 123

 

19

ORDINANCE NO. 2022-05-16-03 - ANNEXATION LAKEWAY HIGHLANDS PHASE 3, SECTION 7, TOMICHI TRAIL  AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ANNEXING APPROXIMATELY 16.058 ACRES OF LAND DESCRIBED BY METES AND BOUNDS (EXHIBIT B), INTO THE CITY OF LAKEWAY, TRAVIS COUNTY, TEXAS AND EXPANDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE ANNEXED PROPERTY WITHIN THE CITY LIMITS; DIRECTING THE SECRETARY TO FILE A CERTIFIED COPY OF THIS ORDINANCE WITH CERTAIN AUTHORITIES; DIRECTING THAT THE MAP OF THE CITY’S BOUNDARIES AND EXTRATERRITORIAL JURISDICTION BE CORRECTED TO INCLUDE THE ANNEXED TERRITORY; PROVIDING FOR THE ATTACHMENT OF THE SERVICE PLAN AND GRANTING TO SAID PROPERTY AND ALL PRESENT AND FUTURE INHABITANTS ALL OF THE RIGHTS AND PRIVELEGES OF OTHER CITIZENS OF THE CITY AND BINDING INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY; PROVIDING FOR SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-05-16-03"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

124 - 153

 

20

ORDINANCE NO. 2022-05-16-04 - ZONING  AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 16.058 ACRES TO BE ZONED R-1 (SINGLE-FAMILY RESIDENTIAL) DESCRIBED AS LAKEWAY HIGHLANDS PHASE 3 SECTION 7 TOMICHI TRAIL AND; PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-05-16-04"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

154 - 177

 

21

SPECIAL USE PERMIT – SHORT TERM RENTAL. CONSIDER A REQUEST FROM M2 INVESTMENT PROPERTIES, LLC, THE OWNER OF 123 MARINA VILLAGE COVE, FOR APPROVAL OF A SPECIAL USE PERMIT FOR A SHORT TERM RENTAL AT THIS LOCATION.

 

 

"I move to [Approve / Deny / Table / Postpone] Special Use Permit"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

178 - 201

 

22

ORDINANCE NO. 2022-05-16-06 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS AMENDING TITLE I: GENERAL ORDINANCES; CHAPTER 14: OFFENSES AND ADDITIONAL PROVISIONS; ARTICLE 14.04: OUTDOOR BURNING AND ILLEGAL DUMPING; AND PROVIDING FOR PENALTY, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-05-16-06"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Ordinance No. 2022-05-16-06

202 - 208

 

23

ORDINANCE NO. 2022-05-16-05 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, AMENDING THE CODE OF ORDINANCES, TITLE II: BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 30: ZONING; ARTICLE 30.05: SPECIAL USE PERMITS; SECTION 30.05.002: SPECIAL USE PERMITS; AND SECTION 30.05.005: CRITERIA APPLICABLE TO ALL INDIVIDUAL HOME OCCUPATION PERMITS; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-05-16-05"

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Comparison Table

Ordinance No. 2022-05-16-05

209 - 219

 

24

EXECUTIVE SESSION.  ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE POTENTIAL PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY).  NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.

 

 

         Lakeway MUD Property Request.

 

25

EXECUTIVE SESSION.  ENTER INTO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION OR OTHER MATTERS ON WHICH THE CITY ATTORNEY HAS A DUTY TO ENGAGE IN CONFIDENTIAL CONSULTATION WITH THE COUNCIL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION, AND ACTION TO BE TAKEN ON THESE ITEMS WILL OCCUR IN OPEN SESSION.

 

 

         King v. City of Lakeway, Cause No. D-1-GN-22-000793, in the District Court of 201st Judicial District, Travis County, Texas.

 

26

AGENDA ADDENDUM

 

The following item is added to the Agenda for consideration:

 

Pursuant to Texas Government Code Section 551.045, the following agenda items are hereby added to the Council Meeting Agenda for May 16, 2022:

 

A.1. EXECUTIVE SESSION - ENTER INTO EXECUTIVE SESSION TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, AND DUTIES OF A PUBLIC OFFICER OR EMPLOYEE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074.  NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. 

 

27

ADJOURN.

 

 

Signed this 10th day of May, 2022.

 

_____________________________

Thomas Kilgore, Mayor

 

 

All items may be subject to action by City Council pursuant to Ordinance No. 2001-10-29-1, Article VI. The City Council may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, 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), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information).

 

Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda.

 

Certification: I certify that the above notice of meeting was posted on the City of Lakeway Official Community Bulletin Board on the 10th day of May, 2022

at 4:00 p.m.  Council approved agendas and action minutes are available on line at http://www.lakeway-tx.gov/. The City of Lakeway Council meetings are available to all persons regardless of ability.  If you require special assistance, please contact Jo Ann Touchstone, City Secretary, at 512-314-7506 at least 48 hours in advance of the meeting.

 

_________________________________

Jo Ann Touchstone, City Secretary