City of Lakeway Image

 

AGENDA

City Council Regular Meeting

  Monday, December 19, 2022

City Hall

 1102 Lohmans Crossing Road

Lakeway, TX 78734

6:00 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: /Portal/CitizenEngagement.aspx

 

Comments received by the 12:00 p.m. deadline Friday, December 16, 2022 will be provided to the City Council.

 

Page

 

1

ESTABLISH QUORUM AND CALL TO ORDER.

 

2

PLEDGE OF ALLEGIANCE.

 

3

CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEMS 11 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.

 

 

4

NOVEMBER 21, 2022 CITY COUNCIL MEETING MINUTES.

 

 

 

November 21, 2022 Minutes

7 - 13

 

 

5

DECEMBER 5, 2022 CITY COUNCIL MEETING MINUTES.

 

 

 

December 5, 2022 Minutes

14 - 15

 

 

6

RESOLUTION NO. 2022-12-19-01 APPOINTING MEMBERS TO THE ARTS COMMITTEE.

 

 

 

Resolution No. 2022-12-19-01

16

 

 

7

MONTHLY TREASURER'S REPORT.

 

 

 

Treasurer's Report

17

 

 

8

CITY OF LAKEWAY ORDINANCE NO. 2022-12-19-01 -  AN ORDINANCE AMENDING THE FISCAL YEAR 2022 ANNUAL BUDGET; AND PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING.

 

 

 

Staff Report

Ordinance No. 2022-12-19-01

18 - 25

 

 

9

ORDINANCE NO. 2022-12-19-03 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEWAY, TEXAS AMENDING THE CITY CODE OF ORDINANCES AT TITLE I, GENERAL ORDINANCES; CHAPTER 12, LAW ENFORCEMENT AND COURTS; ARTICLE 12,03, POLICE DEPARTMENT; SECTION 12.03.004 (OATH AND BOND); AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

 

 

Staff Report

Ordinance No. 2022-12-19-03

26 - 29

 

 

 

END CONSENT AGENDA

 

10

CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA.

 

Thirty minutes will be allotted and additional time granted after all business, if needed.

 

11

PROCLAMATION DECLARING JANUARY 2023 NATIONAL HUMAN TRAFFICKING PREVENTION MONTH.

 

 

 

 

Proclamation

30

 

12

FINANCIAL REPORT.

 

 

 

 

Financial Report

31 - 33

 

13

REQUEST FOR HOTEL OCCUPANCY TAX FUNDING FROM TEX ARTS.

 

"I move to [Approve / Deny / Table / Postpone] Request"

 

         Presentation by TexARTS Interim Executive Director Sandy Cox.

         Staff report by Finance Director Aaron Daigle.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Cover Letter

Application

Post Funding Report

34 - 56

 

14

SPECIAL USE PERMIT – SHORT TERM RENTAL: 151 WORLD OF TENNIS. CONSIDER A REQUEST FROM YAU ANTHONY & LAZARUS VITTAS, THE OWNERS OF 151 WORLD OF TENNIS, 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

57 - 85

 

15

SPECIAL USE PERMIT – SHORT TERM RENTAL: 113 EDGEWATER COVE. CONSIDER A REQUEST FROM ANTHONY AND LEAANN JONES, THE OWNERS OF 113 EDGEWATER COVE, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE 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

86 - 104

 

16

SPECIAL USE PERMIT – SHORT TERM RENTAL: 209 GOLF CREST LN. CONSIDER A REQUEST FROM AHIMSA HODARI AND KENNETH HALE, THE OWNERS OF 209 GOLF CREST LANE, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE 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

105 - 129

 

17

SPECIAL USE PERMIT – SHORT TERM RENTAL: 819 MARINER. CONSIDER A REQUEST FROM SAND DOLLAR HOUSE, LLC, THE OWNER OF 819 MARINER, FOR APPROVAL OF A SPECIAL USE PERMIT TO OPERATE 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

130 - 155

 

18

PRELIMINARY PLAN – 570 RUPEN DR. CONSIDER A REQUEST FROM ALJ LINDSAY, THE AGENT FOR THE OWNERS OF APPROXIMATELY 5.59 ACRES OF LAND LOCATED AT 570 RUPEN DRIVE FOR APPROVAL OF A PRELIMINARY PLAN KNOWN AS TARANGA DRIVE.

 

"I move to [Approve / Approve with Conditions / Deny with Explanation] Preliminary Plan" 

 

         Staff report by Building and Development Services Director Erin Carr.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report and Materials

156 - 184

 

19

SPECIAL USE PERMIT – HOME OCCUPATION: 702 VANGUARD. CONSIDER A REQUEST FROM BIANCA KING, THE OWNER OF THE PROPERTY LOCATED AT 702 VANGUARD (LAKEWAY SECTION 7, LOT 762), FOR APPROVAL OF A SPECIAL USE PERMIT FOR A HOME OCCUPATION PERMIT ALLOWING A DAY CARE TO BE OPERATED AT THIS LOCATION.

 

 

         Item postponed to January 17, 2023 City Council meeting.

 

20

ORDINANCE NO. 2022-12-19-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEWAY, TEXAS REGARDING TREE PROTECTION REQUIREMENTS FOR PUBLIC AND PRIVATE TREES; AMENDING THE CITY CODE OF ORDINANCES AT TITLE I, GENERAL ORDINANCES; CHAPTER 14, OFFENSES AND ADDITIONAL PROVISIONS; ARTICLE 14,06, DISEASED TREES; AND AT TITLE II, BUILDING AND DEVELOPMENT REGULATIONS; CHAPTER 24 BUILDING REGULATIONS; ARTICLE 24.02, BUILDING CODE; DIVISION 7 GENERAL BUILDING REQUIREMENTS AND DIVISION 11, RESIDENTIAL LANDSCAPING REQUIREMENTS; AND CHAPTER 28, SUBDIVISIONS AND SITE DEVELOPMENT; ARTICLE 28.09 STANDARDS AND SPECIFICATIONS, SECTION 28.09.017 (LANDSCAPING) AND ADDING SECTION 28.09.020 (TREE PROTECTION); AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.

 

"I move to [Approve / Deny / Table / Postpone] Ordinance No. 2022-12-19-02"

 

         Staff report by City Forester Richard Leon.

         Citizen participation.

         Council discussion/action.

 

 

 

 

Staff Report

Presentation

Ordinance No. 2022-12-19-02

185 - 216

 

21

CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA, IF NEEDED.

 

22

EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.

 

         Attorney General Ruling OR2022-35833

 

A. 1

THE FOLLOWING ITEM IS ADDED TO THE AGENDA FOR CONSIDERATION:  PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.045, THE FOLLOWING AGENDA ITEM IS HEREBY ADDED TO THE COUNCIL MEETING AGENDA FOR DECEMBER 19, 2022:

 

 

EXECUTIVE SESSION - ENTER INTO EXECUTIVE SESSION TO DELIBERATE THE POTENTIAL SALE, LEASE OR EXCHANGE OF REAL PROPERTY, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.072 AND TO OBTAIN LEGAL ADVICE FROM COUNSEL PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071. NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.

 

23

ADJOURN.

 

 

Signed this 13th day of December, 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 13h day of December, 2022

at 5:15 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