BY CHARLES McCLURE

news@ltview.com

Boy Scout Troop 159 attended last Monday’s regular session of the Lakeway City Council in hopes of earning their Civic Badge.

 

And did they ever.

The Lakeway Church came to the City Council, seeking its traditional waiver of city building fees, but the request was denied as the city staff was directed to re-examine its fee structures and report back at next month’s meeting.

David Leonard, representing The Lakeway Church, made a presentation armed with ample evidence the city had in fact consistently waived fees since the late 1980s for churches and other non-profits.

“The Lakeway Church has been an important part of this community for more than 30 years,” Leonard said, “We want to continue to be.”

Leonard explained that the church has customarily lent its facilities to the city and other local organizations, typically at no cost. The church is looking to build a $3.9 million addition children’s building and has worked hard to raise the needed funds, but has not yet made its fundraising goals.

According to Leonard, the church considered it only a matter of procedure when it came to the Lakeway City Council seeking what had been a customary practice of waiving fees.

Leonard came armed with facts and documentation to back his claims up. According to documents from June 16, 1988, the city’s building commission waived permit fees during the renovation of The Lakeway Church, other than for inspections, and the matter was passed unanimously, according to city council minutes. One month later, additional fees were waived for the Lakeway Church and unanimously passed by the building commission. However, while the building commission may have waived fees, there was no city statute to make it a legal decision.

“The issue of waiving fees for non-profit entities had never come before the city council prior to Monday’s meeting,” explained Lakeway City Manager Steve Jones. “All prior waivers were granted by the City Building Commission.  The councilmembers and the former city manager have both indicated that they were never even aware of any such waivers.”

Jones added that the Lakeway Church requested the waiver of fees (i.e. inspections and reimbursable costs), but noted those have never been waived by the city – including the previous precidents set by the City Building Commission.

In 1999, the building commission again agreed unanimously to waive fees, other than reimbursable expenses, when the church was undergoing another building project.

City documents repeatedly show similar actions in 2000, 2001 (multiple times), 2002, 2003, 2004, and as recently as September of 2007.

The fees that were under discussion could be as much as $10,000. Additional fees as the youth and activity center continue could range between $40-$50,000.

Leonard found a lot of support, including from Richard Eason, General Manager of the Lakeway Municipal Utilities District, who pointed out that it offers a variety of amenities to the city at no cost, saying the services were offered as good will gestures. Some of these free services include electricity to police dispatching stations and water service in the Hamilton Greenbelt.

Father Samuel Hose of Emmaus Catholic Church said he hoped the city would agree to waive fees for The Lakeway Church, noting the same courtesy had been extended to Emmaus during the building of its church, and it also is anticipating a major expansion project to accommodate the growing community.

“What I find about Lakeway that is unusual – the thing that makes it special – is how every organization and every person seems to have a spirit of cooperation,” Hose said. “As a priest, I am a beggar, begging for every penny needed to fund the various projects we have, so I am begging you tonight to continue your practice of waiving fees.”

A host of citizens also supported the church’s request.

While the city may have been waiving fees, the city restructured its fee system in 2004, shortly before current City Manager Steve Jones assumed his duties.

The city has waived fees consistently for churches and 5013c non-profit groups for years, but city staff came to realize that current codes did not legally allow the practice, and that was what bothered members of the city council.

“Councils come and go, and staffs come and go, but the common thread that should guide us is our laws and ordinances,” Lakeway Mayor Steve Swan said. “If a council doesn’t like a law, it can change it.”

Former P&Z chairman Don Karges, who now is a councilman, recommended the city turn down the request by The Lakeway Church and then direct the city staff to re-examine its fee structure, to see what, if anything could be done to assist churches and other non-profits.

“This might be an ideal time for us to take a new, fresh look at our fee structures,” said Building and Services Director Shannon Burke.

Many member of the council are members of The Lakeway Church and expressed support for the church’s role in the community, but agreed the city needed a clear legal precedent as a model for future councils.

The council also answered a series of civic-oriented questions from various members of Boy Scout Troop 159.