City Council Regular Meeting

AGENDA City Council Regular Meeting Monday, June 15, 2020 1102 Lohmans Crossing Road 6:30 PM VIA VIDEOCONFERENCE This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Monday, June 15, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. Page 1 ESTABLISH QUORUM AND CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEM 11. 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 MINUTES OF MAY 18, 2020 REGULAR CITY COUNCIL MEETING. May 18, 2020 Minutes 5-9 Page 1 of 66  5 MINUTES OF JUNE 1, 2020 SPECIAL CITY COUNCIL MEETING. June 1, 2020 Minutes 10 - 14 6 MINUTES OF JUNE 4, 2020 SPECIAL CITY COUNCIL MEETING. June 4, 2020 Minutes 15 - 16 7 AWARD THE BANK SERVICES CONTRACT TO THE SUCCESSFUL PROPOSER AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT. Staff Report and Supporting Documents 17 - 29 8 CHAPTER 418 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AUSTIN AND THE CITY OF LAKEWAY FOR EMS POST LOCATION. Staff Report 30 - 36 Mutual Aid Agreement 9 RESOLUTION 2020-06-15-01 APPOINTING AN ASSISTANT CITY SECRETARY. Staff Report 37 - 39 Resolution No. 2020-06-15-01 10 TREASURER'S MONTHLY REPORT. Treasurer's Report 40 END CONSENT AGENDA 11 FINANCIAL REPORT. Financial Report 41 - 42 12 UPDATE ON FINANCIAL IMPACT OF COVID-19. • Report by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. 13 ZONING CHANGE: 1829 LOHMANS CROSSING RD. CONSIDER A REQUEST FROM CARLSON, BRIGANCE & DOERING, INC., ON BEHALF OF LAKEWAY MUD, OWNER OF APPROXIMATELY 11 ACRES OF LAND LOCATED AT 1829 LOHMANS CROSSING RD, FOR APPROVAL OF A CHANGE IN ZONING FROM GUI (GOVERNMENT, UTILITY AND INSTITUTIONAL) TO C-1 (OFFICE/RETAIL) ZONING. • Staff report by Interim Building and Development Services Director Erin Carr. • Citizen participation. • Council discussion/action. Page 2 of 66  Staff Report and Supporting Documents 43 - 58 14 ANNEXATION AND ZONING REQUEST: LAKEWAY HIGHLANDS, PHASE 2. A REQUEST FROM CARLSON, BRIGANCE & DOERING ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROX. 20.747 ACRES OF LAND LOCATED EAST OF THE HIGHLANDS BLVD AND BEE CREEK RD INTERSECTION FOR ANNEXATION INTO THE CITY OF LAKEWAY WITH PROPOSED R-1 (SINGLE-FAMILY RESIDENTIAL) ZONING. • This item has been postponed until the meeting of July 20, 2020 and will not be considered at this meeting. 15 PRELIMINARY PLAN REVISION: LAKEWAY HIGHLANDS PHASE 2. A REQUEST FROM CARLSON, BRIGANCE & DOERING ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROXIMATELY 677 ACRES OF LAND KNOWN AS LAKEWAY HIGHLANDS PHASE 2, FOR PRELIMINARY PLAN REVISION. • This item has been postponed until the meeting of July 20, 2020 and will not be considered at this meeting. 16 INTERLOCAL COOPERATION ACT AGREEMENT WITH NEIGHBORING JURISDICTIONS TO SHARE IN THE COSTS AND SERVICES PROVIDED BY CITY OF LAKEWAY EMERGENCY MANAGEMENT COORDINATOR. • Report by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. Staff Report 59 - 66 Interlocal Cooperation Act Agreement 17 PROPOSED DISTRIBUTION OF CORONAVIRUS RELIEF FUND ALLOCATIONS FOR LAKEWAY FROM TRAVIS COUNTY, AND POSSIBLE CREATION OF SMALL BUSINESS ASSISTANCE PROGRAM WITH SAID ALLOCATED FUNDS. • Report by Mayor Cox. • Citizen participation. • Council discussion/action. 18 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. 19 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE 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 Page 3 of 66  CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties. 20 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DISCUSS AN ECONOMIC DEVELOPMENT PROSPECT, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.087 (ECONOMIC DEVELOPMENT NEGOTIATIONS). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION, ANY ACTION TO BE TAKEN ON THIS ITEM WILL OCCUR IN OPEN SESSION. • Project Granite. 21 ADJOURN. Signed this _______________ day of ___________________, 2020. ________________________________ Sandra L. Cox, 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). Certification: I certify that the above notice of meeting was posted on the City of Lakeway Official Community Bulletin Board on the _____ day of _________, 2020 at _______ am/pm. 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 Page 4 of 66  Draft MINUTES City Council Regular Meeting Monday, May 18, 2020 @ 6:30 PM Lakeway City Hall,1102 Lohmans Crossing Road VIA VIDEOCONFERENCE This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting,submit a public comment form on the city website before 3:00 pm Monday, May 18, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. COUNCIL Mayor Sandy Cox, Councilmember Laurie Higginbotham, Councilmember Doug PRESENT: Howell, Councilmember Sanjeev Kumar, Councilmember Louis Mastrangelo, Councilmember Steve Smith, and Councilmember Gretchen Vance COUNCIL ABSENT: 1. ESTABLISH QUORUM AND CALL TO ORDER. 2. PLEDGE OF ALLEGIANCE. 3. OATH OF OFFICE: 2020 ELECTED OFFICIALS. JUDGE MICHELE LOCKE WILL ADMINISTER THE OATHS OF OFFICE TO COUNCILMEMBER LAURIE HIGGINBOTHAM, COUNCILMEMBER Page Page51ofof66 5  Draft LOUIS MASTRANGELO, AND COUNCILMEMBER STEVE SMITH. Judge Locke administered the oaths of office. 4. RESOLUTION NO. 2020-05-18-01 APPOINTING THE MAYOR PRO TEM. • Staff report by City Secretary Jo Ann Touchstone. • Citizen participation No one spoke. • Council discussion/action - Councilmember Howell moved to approve Resolution No. 2020-05-18-01 appointing Laurie Higginbotham as Mayor Pro Tem. Councilmember Vance seconded. Motion passed 4-2-1. Councilmember Higginbotham and Councilmember Kumar abstained and Councilmember Smith opposed. 5. CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEM 11. No one spoke. CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. 6. Minutes of April 20, 2020 Regular City Council meeting. 7. Minutes of May 4, 2020 Special City Council meeting. 8. Resolution No. 2020-05-18-01 of the City of Lakeway, Texas permitting the use and recognizing the validity of certain electronic signatures. 9. Investment report for second quarter fiscal year 2020. 10. Treasurer's monthly report. END CONSENT AGENDA Councilmember Kumar moved to approve the consent agenda. Councilmember Smith seconded and the motion passed unanimously. 11. FINANCIAL REPORT. 12. UPDATE ON FINANCIAL IMPACT OF COVID-19. • Staff report by City Manager Julie Oakley. • Citizen participation - No one spoke. • Council discussion/action - No action taken. 13. ORDINANCE NO. 2020-05-18-01 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ADDING THE CODE OF ORDINANCES, TITLE I: Page Page62ofof66 5  Draft GENERAL ORDINANCES; CHAPTER 16: PUBLIC WAYS AND PLACES; ARTICLE 16.04: SPECIAL EVENT PERMITS; AND AMENDING APPENDIX A FEE SCHEDULE; ARTICLE A2.000: MISCELLANEOUS FEES; SECTION A2.005: SPECIAL EVENT PERMIT; AND ADDING ARTICLE A5.000: PARKS AND RECREATION; SECTION A5.006: GENERAL PARK FEES; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • Staff report by City Manager Julie Oakley. • Citizen participation - No one spoke. • Council discussion/action - No action taken, will bring to future meeting. 14. COUNCIL DISCUSSION ON HOTEL TAX AND ECONOMIC RECOVERY. • Report by Mayor Cox. • Citizen participation - No one spoke. • Council discussion/action - No action taken, will bring to future meeting. 15. CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. The following person spoke via videoconference: Thomas Kilgore. Mayor Cox called for Executive Session at 8:50 p.m. Reconvened to Regular Session at 11:57 p.m. No action was taken in Executive Session. 16. EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE 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. • Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties. 17. EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE 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. • Legal and Real Estate Issues Relating to the Lakeway Highlands/Rough Hollow Development Agreement. 18. EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DISCUSS AN ECONOMIC DEVELOPMENT PROSPECT, AS Page Page73ofof66 5  Draft AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.087 (ECONOMIC DEVELOPMENT NEGOTIATIONS). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION, ANY ACTION TO BE TAKEN ON THIS ITEM WILL OCCUR IN OPEN SESSION. • Project Granite. 19. EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY) AND TO DISCUSS THE EMPLOYMENT, APPOINTMENT, AND DUTIES OF A PUBLIC EMPLOYEE. NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal Issues Relating to Possible Creation of Full-Time Emergency Management Coordinator Position. 20. EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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. • Legal Issues Relating to the Annexation of 318.2 acres Northwest of Bee Creek Road and SH 71 in April 2014. 21. EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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. • Legal and Real Estate Issues Relating to the SH 620 Widening Project Deferment. 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). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal Issues Relating to Distribution of Coronavirus Relief Fund Allocations for Lakeway. 23. EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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. • Legal Issues Pertaining to COVID-19 Case Management Data. Page Page84ofof66 5  Draft 24. ADJOURNMENT. Meeting adjourned at 11:58 p.m. Sandra L.Cox, Mayor Jo Ann Touchstone, City Secretary Page Page95ofof66 5  AGENDA City Council Special Meeting Monday, June 1, 2020 1102 Lohmans Crossing Road, Lakeway, TX 78734 6:30 PM VIA VIDEOCONFERENCE MINUTES This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Monday, June 1, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. 1 ESTABLISH QUORUM AND CALL TO ORDER – Present (via videoconference): Mayor Cox, Mayor Pro Tem Higginbotham, Councilmember Howell, Councilmember Kumar, Councilmember Mastrangelo, Councilmember Smith and Councilmember Vance. Also present: City Manager Julie Oakley, City Attorney Cobby Caputo (joined meeting at 6:47 p.m.), City Secretary Jo Ann Touchstone and Director of Communications Jarrod Wise. 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA – No one spoke. Page 10 of 66  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 LAKEWAY ACTIVITY CENTER POLICIES. Mayor Cox pulled item 4 for discussion. Councilmember Kumar moved to accept the changes drafted to the Lakeway Activity Center policies. Mayor Pro Tem Higginbotham seconded and the motion carried unanimously. END CONSENT AGENDA 5 CHARTER REVIEW COMMITTEE PRESENTATION.  Report by Chairman Dave DeOme.  Citizen participation – The following persons spoke: Tom Kilgore and Nina Davis.  Council discussion/action – No action was taken. 6 2020 CITY COUNCIL MEETING SCHEDULE.  Staff report by City Manager Julie Oakley.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Smith moved to approve the FY 2021 Budget Calendar and the 2020 City Council Meeting Schedule as proposed. Councilmember Kumar seconded and the motion passed unanimously. 7 ORDINANCE NO. 2020-06-01-01 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ADDING THE CODE OF ORDINANCES, TITLE I: GENERAL ORDINANCES; CHAPTER 16: PUBLIC WAYS AND PLACES; ARTICLE 16.04: SPECIAL EVENT PERMITS; AND AMENDING APPENDIX A FEE SCHEDULE; ARTICLE A2.000: MISCELLANEOUS FEES; SECTION A2.005: SPECIAL EVENT PERMIT; AND ADDING ARTICLE A5.000: PARKS AND RECREATION; SECTION A5.006: GENERAL PARK FEES; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE.  Staff report by City Manager Julie Oakley.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Kumar moved to approve the ordinance as drafted adding “government entities” to section 16.04.002. Councilmember Smith seconded and the motion passed unanimously. Page 11 of 66 8 COUNCIL DISCUSSION ON HOTEL TAX AND ECONOMIC RECOVERY.  Report by Mayor Cox.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. 9 CREATION OF FULL-TIME EMERGENCY MANAGEMENT COORDINATOR AND GRANTS PROGRAM COORDINATOR POSITIONS.  Staff report by City Manager Julie Oakley.  Citizen participation –No one spoke.  Council discussion/action – Councilmember Kumar moved to approve the creation of the Emergency Management Coordinator position. Mayor Pro Tem Higginbotham seconded and the motion passed unanimously. Councilmember Kumar moved to approve the creation of the position of Grants Program Coordinator. Councilmember Mastrangelo seconded and the motion passed unanimously. 10 SH 620 WIDENING PROJECT DEFERMENT.  Report by Mayor Cox.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. Mayor Cox called for Executive Session at 9:50 p.m. Reconvened to open session at 11:34 p.m. No action was taken in Executive Session. 11 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE 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.  Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties. 12 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. Page 12 of 66   Lakeway MUD Property Request. 13 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DISCUSS AN ECONOMIC DEVELOPMENT PROSPECT, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.087 (ECONOMIC DEVELOPMENT NEGOTIATIONS). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION, ANY ACTION TO BE TAKEN ON THIS ITEM WILL OCCUR IN OPEN SESSION.  Project Granite. 14 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE 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.  Legal and Real Estate Issues Relating to the Lakeway Highlands/Rough Hollow Development Agreement. 15 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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.  Legal Issues Relating to Storm Water Drainage at 601 Dragon. 16 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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.  Legal Issues Relating to the Annexation of 318.2 acres Northwest of Bee Creek Road and SH 71 in April 2014 and the Special Use Permit Application for Senior Living Facility at 4528 Bee Creek Road, Previously Considered on April 20, 2020. 17 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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. Page 13 of 66   Legal Issues Pertaining to COVID-19 Case Management Data. 18 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION 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.  Legal Issues Relating to Distribution of Coronavirus Relief Fund Allocations for Lakeway. 19 ADJOURNMENT – Meeting adjourned at 11:34 p.m. Signed this 16th day of June, 2020. ______________________________ Sandra L. Cox, Mayor __________________________________ Jo Ann Touchstone, City Secretary Page 14 of 66  AGENDA City Council Special Meeting Thursday, June 4, 2020 1102 Lohmans Crossing Road, Lakeway, TX 78734 6:30 PM VIA VIDEOCONFERENCE MINUTES This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Thursday, June 4, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. 1 ESTABLISH QUORUM AND CALL TO ORDER – Present via videoconference: Mayor Cox, Mayor Pro Tem Higginbotham, Councilmember Howell, Councilmember Kumar, Councilmember Mastrangelo, Councilmember Smith and Councilmember Vance. Also present: City Manager Julie Oakley, City Secretary Jo Ann Touchstone, Director of Communications Jarrod Wise and City Attorney Cobby Caputo. 2 PLEDGE OF ALLEGIANCE. 3 TRAVIS COUNTY INTERLOCAL AGREEMENT RELATED TO CARES ACT AND CORONAVIRUS RELIEF FUND.  Report by Mayor Cox. Page 15 of 66   Citizen participation – No one spoke.  Council discussion/action – No action was taken. Mayor Cox called for Executive Session for item 3 under section 551.071 (consultation with city attorney) at 6:32 p.m. Reconvened to open session at 8:12 p.m. No action was taken in Executive Session. 4 ADJOURNMENT – Meeting adjourned at 8:13 p.m. Signed this 16th day of June, 2020. ________________________________ Sandra L. Cox, Mayor _________________________________ Jo Ann Touchstone, City Secretary Page 16 of 66 Page 17 of 66 Page 18 of 66 Page 19 of 66 Page 20 of 66 Page 21 of 66 Page 22 of 66  »__H..._....;..... HHH»,-....... Page 23 of 66 ..,.._......n,,..~....‘...._.,,... Page 24 of 66 -~-1 .~.—...«.».....n-... ..‘.-m s»._.w«  _...-...._,......_...__............... Page 25 of 66 Page 26 of 66 Page 27 of 66 Page 28 of 66 Page 29 of 66  Julie Oakley, CPA City Manager ________________________________________________________________ Staff Report Meeting date: June 12, 2020 Agenda item: Chapter 418 Mutual Aid Agreement between the City of Austin and the City of Lakeway for EMS Post Location Background: This agreement allows Austin-Travis County Emergency Medical Services (ATCEMS) to use a portion of the Justice Center located at 104 Cross Creek for a post location beginning June 22, 2020. The agreement is for three months with an option to extend for an additional three months. The City will provide parking places for the ambulance and the personal vehicles of the EMS crew members. All utility charges and building maintenance other than custodial services will continue to be paid by Lakeway. Fiscal Impact: ATCEMS will pay the City of Lakeway $2,000 per month. Enclosure(s): Chapter 418 Mutual Aid Agreement Page 30 of 66  CHAPTER 418 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AUSTIN AND THE CITY OF LAKEWAY FOR EMS POST LOCATION This Agreement under Chapter 481 of the Texas Local Government Code and Chapter 791 of the Texas Government Code (“Agreement”) is entered into by the City of Austin, a home-rule municipal corporation located in Travis County, Texas, by and through its emergency medical service provider, Austin-Travis Emergency Medical Services (“ATCEMS”), and the City of Lakeway (“Lakeway”), a home rule municipal corporation located in Travis County, Texas, hereinafter collectively referred to as the “Parties.” RECITALS The City of Austin, City of Lakeway, Travis County, and the State of Texas are presently facing widespread, severe, and catastrophic risk to public health and loss of life as a result of the COVID- 19 (Novel Coronavirus) pandemic. The City of Austin, City of Lakeway, Travis County recognize the vulnerability of the people located within Western Travis County to the serious, deadly public health emergency caused by the COVID-19 virus. The full and effective utilization of resources available are necessary for the prompt and efficient rescue, care and treatment of persons affected by COVID-19. Chapter 418 of the Texas Government Code authorizes local government entities to request and/or provide mutual aid assistance to each other and further provides for cooperation in disaster mitigation, preparedness, response, and recovery. The City of Austin and Lakeway are also authorized to enter into this agreement through the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. ATCEMS provides emergency services within Travis County and the City of Austin. ATCEMS also provides emergency services within the City of Lakeway. ATCEMS and Lakeway want to improve the EMS Response Time within Lakeway (and other parts of western Travis County) by locating an ATCEMS EMS Unit and crew to a more optimal location within the jurisdiction of Lakeway. Lakeway has offered to allow ATCEMS to use its former Police Station as an EMS Post Location for consideration. It will serve a public purpose and benefit the citizens of Lakeway and Travis County during the COVID-19 Pandemic if ATCEMS places an EMS Unit and crew at the former Lakeway Police Department offices located at 104 Cross Creek, Lakeway, TX 78734. 1 Page 31 of 66  TERMS OF AGREEMENT Lakeway grants ATCEMS the right to enter and use 104 Cross Creek, Lakeway, Texas as a Lakeway EMS Post Location to provide emergency services. ATCEMS may not use the Lakeway EMS Post Location for any other purpose without the prior express written consent of Lakeway. The Initial Term shall commence and be effective upon signature of both parties (but in no event later than June 22, 2020) and terminates on S e p t e m b e r 2 2 , 2020. By mutual written consent, this Agreement may be extended for up to an additional three months. Either Party may terminate this Agreement for any reason with 30 days written notice to the other Party. During the Initial Term ATCEMS shall pay Lakeway $2000.00 per month as rent. For partial month occupancy, the rent shall be pro-rated. ATCEMS OBLIGATIONS On or around June 22, 2020, ATCEMS shall place an EMS Unit at the former Lakeway Police Department offices at 104 Cross Creek. The EMS Unit equipment shall at all times be kept in a good, workmanlike, clean, and orderly manner. The EMS Unit crew located at the Lakeway EMS Post Location shall be knowledgeable in the work it will perform, and will be properly trained to follow all applicable laws, rules and regulations, and will operate the EMS Post Location in accordance with sound public safety and environmental practices and the policies and procedures of ATCEMS. ATCEMS shall pay or cause to be paid the cost of any and all supplies, materials, equipment, or services used in the operation of the EMS Unit placed at the EMS Post Location. ATCEMS will provide furniture and some equipment, including communications and computer equipment, EMS Post Location if ATCEMS and Lakeway jointly determine that it would be beneficial and appropriate. Upon reasonable notice to inform ATCEMS who on behalf of Lakeway is entering the Lakeway EMS Post Location, ATCEMS shall permit Lakeway or its designees to enter and inspect the sleeping quarters at the Lakeway EMS Post Location, furniture, fixtures, and equipment. ATCEMS shall maintain and keep in good order, condition, and repair all furniture and equipment, if it provides any, at the Lakeway EMS Post Location. ATCEMS shall use its best efforts to maintain co-operation and respect for the separate functions, activities and operations of Lakeway Municipal Court and the EMS Unit at this location by directing its employees and volunteers not to interfere with or otherwise disrupt the Lakeway 2 Page 32 of 66 Municipal Court’s activities and operations at 104 Cross Creek. ATCEMS acknowledges that the EMS Unit is not entitled to access to any areas or facilities outside the Lakeway EMS Post Location without the prior express invitation or permission of Lakeway or its representatives. LAKEWAY OBLIGATIONS Lakeway shall provide the following accommodations for the EMS Unit at 104 Cross Creek, Lakeway, Texas: - Ambulance parking at the Lakeway EMS Post Location. - Permission for the installation of a temporary wheel-hump and wheel-stop set for the ambulance parking space, and - Unassigned parking spaces in the parking lot for personal vehicles of EMS crew members on duty at no charge to the crew members. Lakeway shall pay or cause to be paid when due any and all utility charges for the Lakeway EMS Post Location, including the cost of electricity, heating, air conditioning, garbage collection, water, and wastewater. Lakeway shall provide access for the rooms designated as the Lakeway EMS Post Location to ATCEMS. Lakeway shall maintain and keep in good order, condition and repair the roof, foundation, walls, floor, plumbing, electrical system, and all other structural components of the facility, including mobile buildings and ambulance parking; all fixtures; sidewalks; driveways; parking areas; fences; signs; and all other interior and exterior areas granted access to ATCEMS as part of the Lakeway EMS Post Location. Lakeway shall use its best efforts to maintain co-operation and respect for the separate functions, activities and operations of Lakeway Municipal Court and the EMS Unit at this location by directing its employees and volunteers not to interfere with or otherwise disrupt the EMS Unit’s activities and operations in the Lakeway EMS Post Location. ATCEMS acknowledges that the EMS Unit is not entitled to access to any areas or facilities outside the Lakeway EMS Post Location without the prior express invitation or permission of Lakeway or its representatives. Lakeway acknowledges that its employees maintain controlled access to the Lakeway EMS Post Location and ensure appropriate security of personal belongings during duty hours. NOTICE Any notices or other communications required or permitted to be given under this Agreement by either party shall be in writing and deemed to be given when sent if delivered by hand, or within three (3) days if mailed by first class mail, certified with postage prepaid and return receipt requested. Such written notices may also be transmitted electronically and are deemed to have been delivered if emailed to all representatives of the Party being notified to the email addresses reflected below. 3 Page 33 of 66 Notices shall be made or addressed as follows: If to City: Ernesto Rodriguez (or successor) EMS Chief, ATCEMS P.O. Box 1088 Austin, Texas 78767 Ernesto.Rodrigues@austintexas.gov Anne Morgan City Attorney City of Austin Law Department P.O. Box 1088 Austin, Texas 78767-1088 Anne.Morgan@austintexas.gov Cary Grace Assistant City Attorney City of Austin Law Department P.O. Box 1088 Austin, Texas 78767-1088 Cary.Grace@austintexas.gov If to Lakeway: Julie Oakley City Manager 1102 Lohmans Crossing Road Lakeway, TX 78734-4470 JulieOakley@lakeway-tx.gov Cobby A. Caputo Bickerstaff Heath Delgado Acosta LLP 3711 S. MoPac Expwy Building One, Suite 300 Austin, Texas 78746 ccaputo@bickerstaff.com NON-ASSIGNMENT OF RIGHTS ATCEMS shall not assign or transfer any interest in either this AGREEMENT or any portion of the Lakeway EMS Post Location granted to ATCEMS, nor shall any assignment by operation of law be effective, without the prior written consent of Lakeway. ATCEMS acknowledges that Lakeway owns all buildings, structures, permanent improvements, and fixtures at the Lakeway EMS Post Location, and ATCEMS shall not have any right to remove, mortgage, pledge, assign, or otherwise convey any interest in any such buildings, structures, permanent improvements, and fixtures. 4 Page 34 of 66 Lakeway acknowledges and agrees that ATCEMS currently provides emergency services and hereby allows the use of the Lakeway EMS Post Location by ATCEMS. ATCEMS shall promptly notify Lakeway of any change in the service provider for the City of Austin. CLAIMS NOTIFICATION If ATCEMS is made aware of any claim, or other action, including proceedings before an administrative agency, made or brought by any person, firm, corporation, or other entity against ATCEMS or Lakeway arising out of ATCEMS’s use of the Lakeway EMS Post Location, it shall give written notice to Lakeway of the claim, or other action within three (3) working days after being notified of it or the threat of it. The notice provided to Lakeway shall include the name and address of the person, firm, corporation or other entity that made or threatened to make a claim, or that instituted or threatened to institute any type of action or proceeding; the basis of the claim, action or proceeding; the court or administrative tribunal, if any, where the claim, action or proceeding was instituted; and the name or names of any person against whom this claim is being made or threatened. Except as otherwise directed, ATCEMS shall furnish to Lakeway copies of all pertinent papers received by ATCEMS with respect to these claims or actions. FOR THE CITY OF AUSTIN/ATCEMS By: Rey Arellano Assistant City Manager Approved as to form: By: ________________________________ Cary Grace Assistant City Attorney FOR THE CITY OF LAKEWAY By: _ Julie Oakley City Manager 5 Page 35 of 66 By: ________________________________ Cobby A. Caputo City Attorney 6 Page 36 of 66 Jo Ann Touchstone, City Secretary Report ___________________________________________________________________________ Meeting date: June 15, 2020 Agenda item: Resolution 2020-06-15-01 Appointing an Assistant City Secretary Background: Section 4.02 of the City Charter specifies the duties of the City Secretary and states the City Manager, subject to the approval of the Council, shall appoint the City Secretary and such assistant City Secretaries as the Council shall deem advisable. By appointing an Assistant City Secretary, we can assure that the duties of the City Secretary’s office can be fulfilled in the absence of the City Secretary. Many functions of the office are time sensitive, such as the posting of agendas, notices or emergency orders. Additionally, the City Secretary is the only authorized position to use the city seal. Having an Assistant City Secretary appointed will allow for cross training and these essential duties to be done in a timely manner when needed. Fiscal Impact: There is no fiscal impact. Enclosure(s): Resolution No. 2020-06-15-01 Page 1 of 1 Page 37 of 66  CITY OF LAKEWAY RESOLUTION 2020-06-15-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKEWAY, TEXAS, APPOINTING AN ASSISTANT CITY SECRETARY WITH THE POWERS AND DUTIES TO ASSIST WITH SAID OFFICE AND TO SERVE IN THE ABSENCE OF THE CITY SECRETARY WHEREAS, Section 4.02 of the City Charter of the City of Lakeway sets forth the duties and responsibilities of the office of the City Secretary; and WHEREAS, Those duties include attending each meeting of the Council of the City and keeping, in a record provided for that purpose, accurate minutes of the proceedings; Keeping an accurate register of all laws, resolutions, and ordinances of the Council; Keeping the corporate seal of the City; Taking charge of, preserving, and keeping in order the books, papers, documents, files and other records of the Council; Countersigning all commissions issued to municipal officers and all licenses issued by the Mayor, and keep a record of those commissions and licenses; Preparing notices required under any regulation or ordinance of the City; Notifying the Texas Judicial Council of the name of each person who is elected or appointed as Mayor, municipal court judge, or clerk of a municipal court of the City; Keeping all contracts made by the Council; and such other duties required by law, ordinance, resolution, or order of the City Manager or Council; and; WHEREAS, Section 4.02 also provides that the City Manager may appoint such other persons as Assistant City Secretaries as the Council may allow; and WHEREAS, The Council must approve all persons appointed as City Secretary and Assistant City Secretary; and WHEREAS, In the absence of the City Secretary, the Assistant City Secretary will assume the powers and duties of the office as described. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEWAY, OF TRAVIS COUNTY, TEXAS THAT: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby made a part hereof far all purposes as findings of fact. Section 2. The City Council hereby approves the appointment of Dena Lindamood as Assistant City Secretary for the City of Lakeway to assist in the duties of that office and to serve in the absence of the City Secretary. Section 3. The City Manager or City Secretary shall notify the Assistant City Secretary in writing on the occasions that he or she is to assume the duties of the City Secretary. Resolution No. 2020-06-15-01 Page 1 of 2 Page 38 of 66  Section 4. It is hereby officially found and determined that the meeting at which this Resolution is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. PASSED & APPROVED this the 15th day of June, 2020, by the City Council of the City of Lakeway, Texas. CITY OF LAKEWAY: By: _____________________ Sandra L. Cox, Mayor ATTEST: _________________________________________ Jo Ann Touchstone, City Secretary Resolution No. 2020-06-15-01 Page 2 of 2 Page 39 of 66  City of Lakeway Treasurer's Report May 31, 2020 The City continues to operate within its resources. All payments have been made on the order of the City Manager, attested by the Finance Director under the seal of the City. The Treasurer has reviewed the Financial Report of the City for May 31, 2020, which will be presented to the Council by the Finance Director. The city continues to be in a strong financial position. Cash Balances within the City's Funds were as follows: General Fund 5 6,828,375 Hotel Occupancy Tax Fund 6,197,048 Capital Reserve Fund 3,760,554 Capital Project -PD Facility 264,920 AllOther Funds 3,911,421 Total $ 20,962,318 The cash was held in the following institutions: TexPool $ 12,070,251 Prosperity Bank 8,889,373 Petty Cash 2,694 Total S 20,962,318 The City has four CDs in the amount of $245,000 each. One of these CD5 matures in February 2021 , one in March 2021 and two in July 2021. Respectfully, James A. Nelson Treasurer Page 40 of 66  FY20 GENERAL FUND BUDGET VS ACTUALS COMPARISON FINES & FEES 221,177 PERMITS & LICENSES 1,170,795 INTEREST INCOME 63,017 SALES & MIXED BEVERAGE TAX 3,130,165 MISCELLANEOUS 102,441 PARKS & RECREATION 1,750 REVENUE ACTIVITY CENTER 157,585 Budget $ 11,282,768 SWIM CENTER 28,565 Actual 11,254,754 DONATIONS/GR Variance $ (28,014) ANTS 25,659 FRANCHISE FEES 358,182 AD VALOREM TAXES $5,995,420 Page 41 of 66  FY20 GENERAL FUND BUDGET VS ACTUALS COMPARISON ADMINISTRATION 578,878 GENERAL SERVICES $569,808 SWIM CENTER 248,226 ACTIVITY CENTER 412,599 FINANCE 359,536 PARKS & RECREATION EXPENDITURES 886,749 Budget $ 9,342,419 Actual 8,567,862 Variance $ 774,558 BLDG & DEVELOPMENT SERVICES 1,081,801 Page 42 of 66 PUBLIC WORKS POLICE 3,479,923 540,951 MUNICIPAL COURT 409,392 Page 1 of 16 Page 43 of 66 Meeting Date: 06/15/2020 Erin Carr, Interim BDS Director Staff Report AGENDA ITEM: A request from Carlson, Brigance & Doering, Inc., the agent for Lakeway MUD, owner of approximately 11 acres of land located at 1829 Lohmans Crossing Road, for approval of a change in zoning from GUI (Government, Utility and Institutional) to C-1 (Office/Retail). BACKGROUND INFORMATION: The applicant is requesting approval of a change in zoning from GUI (Government, Utility and Institutional) to C-1 (Office/Retail). The parcel to the north of this lot is zoned GUI (Government, Utility and Institutional), the parcel to the south is C-1 (Office/Retail), the parcel to the east is zoned R-3 (Single Family – Zero Lot Line) and west, across Lohmans Crossing Rd, is The Hills of Lakeway (outside Lakeway’s city limits). Prior to development of the property, the applicant will be required to submit a Preliminary Plan and Plat for a recommendation from ZAPCO and approval from City Council. REFERENCE Section 30.03.009 provides C-1 zoning requirements. Notification letters were mailed to all property owners within 200’ of the subject property. We received two responses in association with this request. ZAPCO ACTION: Unanimous recommendation of approval to City Council regarding zoning change for 1829 Lohmans Crossing Rd from GUI (Government, Utility and Institutional) to C-1 (Office/Retail). COUNCIL ACTION: Determination by City Council regarding zoning change for 1829 Lohmans Crossing Rd from GUI (Government, Utility and Institutional) to C-1 (Office/Retail). ATTACHMENTS  Aerial and Zoning Map  Application  Exhibit(s)  Notification Area Map  Public Notice  Public Comments  Code Reference Page 2 of 16 Page 44 of 66 Aerial/ Zoning Map Page 3 of 16 Page 45 of 66 Application Page 4 of 16 Page 46 of 66 Exhibit A Page 5 of 16 Page 47 of 66 Exhibit B (Conceptual plan rendering submitted by applicant) Page 6 of 16 Page 48 of 66 Exhibit C Page 7 of 16 Page 49 of 66 Exhibit D1 Page 8 of 16 Page 50 of 66 Exhibit D2 Page 9 of 16 Page 51 of 66 Notification Area Map 200’ Notification Area Page 10 of 16 Page 52 of 66 200’ Notification Spreadsheet Page 11 of 16 Page 53 of 66 Public Notice Page 12 of 16 Page 54 of 66 Public Comment1 Page 13 of 16 Page 55 of 66 Public Comment2 Page 14 of 16 Page 56 of 66 Code Reference1.1 Sec. 30.03.009 District C-1 (Office/Retail) (a) Purpose. This district is intended to provide sites for business and professional office uses and for retail shopping facilities providing goods and services. The site should also contain adequate space for required off-street parking and for buffering from residential districts. (b) Permitted uses. The following types of businesses are permitted by right within C-1 districts. (1) Professional offices, such as accountants, architects, attorneys, engineers, brokers, consultants, insurance agents, real estate agents, travel agents, administrative offices, and other such offices not listed above as may be approved by the city council; and (2) Accessory structures and uses to any of the foregoing uses. (c) Conditional uses. The following types of businesses are permitted by right within C-1 districts unless the use is proposed for property that abuts property zoned for residential or school use or the building in which the use will operate is less than 300 feet from property zoned for residential or school use, in which case the use is subject to city council's approval of a special use permit pursuant to article 30.05. (1) Medical offices, such as physicians, dentists, physical rehabilitation facilities, and other such medical offices not listed above as may be approved by the city council; (2) Retail and Service Businesses, such as restaurants, grocery stores, bakeries, catering services, ceramic/pottery shops, hardware stores, movie theaters, drugstores, financial institutions, general retail sales, antique shops, art galleries, personal services, beauty salons, barbershops, travel agencies, florists, laundry and dry cleaning, child-care facilities, health/exercise clubs, funeral homes, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council; and (3) Accessory structures and uses to any of the foregoing uses. (d) Special uses. The following types of businesses may be permitted within C-1 districts subject to the city council's approval of a special use permit pursuant to article 30.05. (1) Arcades, auto/truck washing facilities, bowling alleys, cemeteries, convenience stores, fast food restaurants, private clubs/lodges, radio or TV stations, service stations, gas stations, miniature golf facilities, batting cages, entertainment centers, vehicle rental facilities, moving truck rental facilities, liquor stores, convalescent homes, nursing homes, assisted living, and addiction rehabilitation facilities. (2) Commercial wireless communications systems. (3) Any use which includes drive-through facilities. Page 15 of 16 Page 57 of 66 Code Reference1.2 (4) Storage facilities, provided all of the following conditions are met. (A) The proposed storage facility replaces an existing nonconforming use that has a substantial relationship to the proposed project. (B) The architecture and landscaping of the proposed development complies with established standards for typical office building construction, and architectural and landscaping plans are submitted for review and approval with the special use permit application. (C) Access to individual storage units is internal and individual unit doors are not visible from outside the building. (5) Any structure used for retail or service businesses which exceeds 100,000 square feet. (6) Any single business entity or commonly controlled retail or service business (including their affiliates or subsidiaries) which have multiple structures or multiple-story buildings containing an aggregate of more than 100,000 square feet of inside and outside sales or displays. (e) Prohibited uses and structures. (1) Any activity which produces nuisances as described herein. (f) Minimum lot dimensions. Organized Sewer Private Sewerage Facility Minimum area: 1 acre 1 acre Depth (min. ft.): 200 200 Width (min. ft.): 50 150 Width of lot at street (min. ft.): 50 50 Lot coverage (max. percentage): See development ordinance. (g) Minimum building setbacks. Building footprint (sq. ft.), organized sewer or private facility when abutting a residential area: Page 16 of 16 Page 58 of 66  Julie Oakley, CPA City Manager ________________________________________________________________ Staff Report Meeting date: June 12, 2020 Agenda item: Interlocal Agreement for Emergency Management Coordinator Background: On June 1, 2020, City Council approved of staff moving forward with an interlocal agreement with the City of Bee Cave and the Village of the Hills for a shared Emergency Management Coordinator. The interlocal agreement establishes the position as a City of Lakeway employee that will work with all the jurisdictions. Lakeway will provide the facilities necessary to accommodate the Emergency Management Coordinator services. The costs associated with compensation will be shared by the entities according to their respective 2018 Census estimates. The term of the agreement is for the remainder of this fiscal year and all of fiscal year 2020- 2021. The term will automatically renew for an additional year unless any party chooses not to renew in the manner identified in the agreement. Fiscal Impact: The salary at midpoint of the Emergency Management Coordinator position pay range is $77,504. Lakeway’s portion of this cost will be $48,681. Enclosure(s): Interlocal Cooperation Agreement for Emergency Management Coordinator Services between the City of Lakeway, the City of Bee Cave, and the Village of the Hills Page 59 of 66  INTERLOCAL COOPERATION AGREEMENT FOR EMERGENCY MANAGEMENT COORDINATOR SERVICES BETWEEN THE CITY OF LAKEWAY, THE CITY OF BEE CAVE, AND THE VILLAGE OF THE HILLS This Interlocal Cooperation Agreement (the “Agreement”) is made and entered into by and between CITY OF LAKEWAY (“LAKEWAY”), an incorporated home rule city in the state of Texas, the CITY OF BEE CAVE (“BEE CAVE”), also an incorporated home rule city in the state of Texas, and the VILLAGE OF THE HILLS, a Type-B General Law city in the state of Texas (“THE HILLS”) (collectively, the “PARTIES”), pursuant to the authority granted and in compliance with Tex. Const. Art. III, Sec. 64, and the Interlocal Cooperation Act, Chapter 791, Tex. Gov’t Code. WHEREAS, the Parties agree that the availability of emergency management coordinator services to the citizens of the cities of Lakeway, Bee Cave, and the Hills is beneficial to the health and welfare of all three communities; AND WHEREAS, Lakeway has the personnel and facilities necessary to provide emergency management coordinator services through its Emergency Management Coordinator to serve the residents of Bee Cave and the Hills, as well as the residents of Lakeway; AND WHEREAS, the Interlocal Cooperation Act (Chapter 791, Texas Government Code) (the “Act”) empowers the Parties to contract with each other in the performance of governmental functions; AND WHEREAS, Lakeway, Bee Cave, and the Hills desire to enter into this Agreement to share in such services; AND NOW, THEREFORE, in consideration of the covenants and payment obligations set forth herein, the amount and sufficiency of which are hereby acknowledged, Lakeway, Bee Cave, and the Hills mutually agree as follows: SECTION 1. SCOPE OF SERVICES A. The Parties agree to the operation of the emergency management coordinator services described herein, in furtherance of the Parties’ goals to protect the health, safety, and welfare of their residents, and that these services can most efficiently be furnished with such an Agreement. The Parties further agree that these services constitute a public service benefitting Bee Cave, the Hills, and Lakeway, their employees, agents, contractors, representatives. 01252113;1 Page 1 Page 60 of 66  B. The Parties agree that the Lakeway City Manager will act as Lakeway’s contact and contract administrator concerning this Agreement, the Bee Cave City Manager will act as Bee Cave’s contact and contract administrator concerning this Agreement, and the Hills City Manager will act as the Hills’ contact and contract administrator concerning this Agreement. C. The Parties agree that throughout the duration of the Agreement the Parties’ three City Managers or their designee will meet at least annually to ensure the level of emergency management coordination service is sufficient and satisfactory for all Parties. If it is determined that any additional support is necessary to fulfill the needs of the Parties, the City Managers or their designee will work together to determine the required solution and recommend modifications to this Agreement, if necessary, to resolve the stated needs. D. The Parties agree that while the Emergency Management Coordinator is an employee of Lakeway and under the control of Lakeway, Bee Cave and the Hills may provide input concerning the performance of the emergency management coordinator and that Lakeway shall consider such input. It is understood by all Parties that Lakeway reserves the final decision in all matters related to the emergency management coordinator. E. The Parties agree that the emergency management coordinator services are provided under policies and procedures promulgated by Lakeway, and that Bee Cave and the Hills may provide input relative to those policies and procedures and that Lakeway shall consider such input; however all final decisions about policies and procedures governing the employment and duties of the emergency management coordinator shall be made by Lakeway. F. The Parties acknowledge and agree that the terms under which emergency management coordinator services are to be provided by Lakeway under this Agreement are based solely on currently existing demands, public convenience, and existing need and necessity of the citizens of Lakeway, Bee Cave, and the Hills and that if such demands change in the future, amendments to this agreement may be required. G. For purposes of this Agreement, Operating Costs is defined as the actual wages and benefits provided to the Emergency Management Coordinator. Other costs such as facility operations are to be absorbed by Lakeway. The Parties agree to cooperate with one another in establishing the needs of the respective Cities for equipment and software upgrades and when such purchases and acquisitions become necessary, the Parties will enter into a subsequent cost-sharing agreement for such acquisition. SECTION 2. COMPENSATION The parties agree that Bee Cave and the Hills will each reimburse Lakeway for its portion of the costs associated with the operation the emergency management coordinator services as follows: 01252113;1 Page 2 Page 61 of 66 A. In April of each year, Lakeway shall provide an estimate to Bee Cave and the Hills of their projected shares of the Operating Costs for use in budget planning. Bee Cave and the Hills should each include the estimated amount for their share of the Operating Costs of the emergency management coordinator services in each of their annual budgets, and shall endeavor in good faith to make appropriate financial preparations to satisfy payment of their portion of the Operating Costs each fiscal year. B. For purpose of FY 2020-2021 the estimated Operating Costs for emergency management coordinator services will be $ 77,504.00. Based on 2018 Census estimates of total population 24,592, each department would be responsible for the following, Bee Cave 27.11%, the Hills 10.08%, and Lakeway 62.81%. Thus, the Operating Costs estimated for each Party would be Bee Cave $ 21,011.00, the Hills $ 7,812.00, with the remaining costs absorbed by Lakeway. SECTION 3. TERM AND TERMINATION A. Initial Term. This initial Agreement will be in effect for the remaining portion of FY 19- 20 and continue through FY 2020-2021. In April of 2021, staff of each agency will be notified of any changes to their percentages and the projected dollar amount associated with the Operating Costs for service. B. Renewal Term. This Agreement shall automatically renew upon expiration of the Initial Term for an additional term of one year (1) year unless sooner terminated by either party as provided herein (the “Renewal Term”). Notice of intent to non-renew must be provided to each other Party in the manner provided in Section 5, at least sixty (60) days prior to the renewal date. C. Termination for Convenience. Any Party may terminate their participation in this Agreement for convenience upon ninety (90) days prior written notice to the other Parties. Upon termination Lakeway will invoice the withdrawing city for its proportionate share of costs for the portion of the year concluded before terminated. D. Termination for Non-Appropriation. Any Party may terminate their participation in this Agreement if their Council is unable in good faith to appropriate sufficient funds to pay their projected pro rata share of the Operating Costs. Failure to appropriate shall also entitle the remaining Parties to terminate this Agreement as to the defaulting Party. SECTION 4. INDEPENDENT ENTITIES; ACKNOWLEDGMENT OF RESPONSIBILITIES A. Independent Entities. The Parties expressly acknowledge and agree that Bee Cave, the Hills, and Lakeway are independent entities and each assumes all the rights, obligations, and liabilities applicable to it as an independent entity. No employee of Bee Cave or the Hills will be considered an employee, agent, or representative of Lakeway or gain any rights against Lakeway pursuant to Lakeway personnel policies. No employee of Lakeway will be considered an employee, agent, or representative of Bee Cave or the Hills or gain any rights against Bee Cave or the Hills pursuant to 01252113;1 Page 3 Page 62 of 66 Bee Cave’s or the Hills’ personnel policies. The relationship of Lakeway, Bee Cave, and the Hills under this Agreement is not and must not be construed or interpreted to be a joint enterprise or joint venture. None of the Parties has the authority to make any statements, representations, or commitments of any kind on behalf of another Party or to take any action which will be binding on another Party. B. Limits of Liability. Bee Cave is not liable for any claims, damages, or attorney fees arising from the negligent or illegal acts of Lakeway or Lakeway employees or agents in relation to this Agreement or of the Hills or the Hills employees or agents in relation to this Agreement. Lakeway is not liable for any claims, damages, or attorney fees arising from the negligent or illegal acts of Bee Cave or Bee Cave’s employees or agents in relation to this Agreement or of the Hills or the Hills employees or agents in relation to this Agreement. The Hills is not liable for any claims, damages, or attorney fees arising from the negligent or illegal acts of Bee Cave or Bee Cave’s employees or agents in relation to this Agreement or of Lakeway or Lakeway employees or agents in relation to this Agreement. C. Shared Liability. If Lakeway, Bee Cave, and the Hills are held liable for any claims, damages, or attorney fees arising from the negligent or illegal acts of all Parties in relation to this Agreement, each Party shall be individually liable for the portion of the claims, damages, and attorney fees attributable to each that arise from their negligent or illegal acts or those of their respective employees and agents as determined by a court adjudicating the matter or as agreed in any settlement. D. Claims Notification. If any claim, or other action, including proceedings before an administrative agency, is made or brought by any person, firm, corporation, or other entity against Bee Cave, the Hills, or Lakeway; the Party against whom the claim or other action is made must give written notice to the other Parties of the claim, or other action within three (3) working days after being notified of it or the threat of it. The notice must include the name and address of the person, firm, corporation, or other entity that made or threatened to make a claim, or that instituted or threatened to institute any type of action or proceeding; the basis of the claim, action or proceeding; the court or administrative tribunal, if any, where the claim, action, or proceeding was instituted; and the name or names of any person against whom this claim is being made or threatened. This written notice must be given in the manner provided in Section 5 of this Agreement. Except as otherwise directed, the Party against whom the claim has been made must furnish to the other Parties copies of all pertinent papers received by that Party with respect to these claims or actions. SECTION 5. NOTICES Correspondence, notices, and invoices must be in writing and mailed, e-mailed, or delivered to the other Parties as follows, or at such other address as a Party may from time to time designate in writing, except that Lakeway will send invoices in accordance with Section 2.B. above. All notices, correspondence, and invoices are effective upon receipt. 01252113;1 Page 4 Page 63 of 66  CITY OF LAKEWAY: City of Lakeway City Manager 1941 Lohmans Crossing Lakeway, Texas 78734 Email: julieoakley@lakeway-tx.gov CITY OF BEE CAVE: City of Bee Cave City Manager 13333 SH 71 West Bee Cave, Texas 78738 Email: cgarza@beecavetexas.gov VILLAGE OF THE HILLS: Village of the Hills City Manager 102 Trophy Drive The Hills, Texas 78738 Email: wendysmith@villageofthehills.org SECTION 6. MISCELLANEOUS A. Entire Agreement. This Agreement constitutes the entire understanding of the Parties relating to the subject matter hereof; there must be no modification or waiver hereof except in writing, signed by the Party to be bound thereby. B. Successors. This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns; however, no Party may assign this Agreement or subcontract the performance of Services, in whole or in part, without the prior written consent of the other Parties. C. Waiver. No failure or delay on the part of a Party to exercise any right or remedy will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any further or other exercise of any such right or remedy. All rights and remedies under this Agreement are cumulative and must not be deemed exclusive of any other rights or remedies provided by law. D. Severability. If any section or part of this Agreement is declared invalid by any Court of competent jurisdiction, such decree will not affect the remainder of this Agreement, and such will remain in full force and effect with the deletion of the part declared invalid. 01252113;1 Page 5 Page 64 of 66 E. Law and Venue. The Parties agree and intend that all disputes which may arise from, out of, under or respecting the terms and conditions of this Agreement, or concerning the rights or obligations of the Parties, or respecting any performance or failure of performance by any Party, will be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. The Parties further agree and intend that the venue will be proper and will lie exclusively in a court of competent jurisdiction in Travis County, Texas. F. Dispute Resolution. When mediation is acceptable to the Parties in resolving a dispute arising under this Agreement, the Parties agree to use a mutually agreed upon mediator or someone appointed by a court of competent jurisdiction for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless all Parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation will remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless all Parties agree, in writing, to waive the confidentiality. G. Computation of Time. When any period of time is referred to in this Agreement or in any purchase order prepared and executed under this Agreement, it will be computed to exclude the first and include the last day of the period. If the last day of any period falls on a Saturday, Sunday, or a day made a legal holiday by Lakeway, Bee Cave, or the Hills, that day will be omitted from the computation. H. Third Party Rights Not Created. This Agreement is not intended to and must not be construed to create any rights or remedies in any person or legal entity that is not a party to it and the Parties are not waiving any defense or immunity to which they are entitled against any person or legal entity that is not a party to this Agreement. I. Reservation of Rights and Remedies. All rights of the Parties under this agreement are specifically reserved. Any reimbursement, installment, payment, act, or omission by a Party will not impair or prejudice any remedy or right of that Party under this Agreement. Any right or remedy stated in this Agreement does not preclude the exercise of any other right or remedy under this Agreement, the law or in equity, and any action taken in the exercise of any right or remedy must not be deemed a waiver of any other rights or remedies. J. Definition of “Working Day.” In this Agreement, “working day” means any calendar day that includes Saturday, Sunday, or/and holiday designated by Lakeway. K. Authorization from Governing Body. As required by Chapter 791, Texas Government Code, the Parties herein warrant and represent to the other that its governing body has authorized this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the later date set forth below. 01252113;1 Page 6 Page 65 of 66 CITY OF LAKEWAY By: Name: Sandy L. Cox Title: Mayor_ Date: CITY OF BEE CAVE By: Name: Title: Date: VILLAGE OF THE HILLS By: Name: Title: Date: 01252113;1 Page 7 Page 66 of 66