City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR OCTOBER 24, 2019 AT 6:00 PM Corbin Van Arsdale, Mayor Mike Guevara, Mayor Pro Tem Tim Kelly, Council Place One Rodney T. Robinson, Council Place Five Mel Kirkland, Council Place Two Dorian Chavez, Council Place Six Anne Duffy, Council Place Three Brenda Eivens, City Manager ---------------------------------------------------------------------------------------------------------------------------- AGENDA - AMENDED A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. I. EXECUTIVE SESSION To Commence At 6:00 p.m. In accordance with Chapter 551, Government Code, the City Council will now convene in a Closed Executive Session pursuant to the following provisions of the Texas Open Meetings Act, Chapter 551, of the Texas Government Code: B.1 Section § 551.071 (1) Consultation With City Attorney Concerning Pending Or Contemplated Litigation Or Settlement Offer. a. Reagan National Advertising of Austin, Inc. v. City of Cedar Park, Cause No. 17-0692-C395, Pending in the 395th Judicial District Court of Williamson County, Texas. B.2 Section §551.071 (2) Consultation With Attorney Regarding Matters In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflict With This Chapter: a. Legal Issues Concerning U.S. Highway 183/Bell Boulevard Roadway Relocation And Redevelopment Projects. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 1 of 7 B.3 Section §551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. The Bell Boulevard Redevelopment And Roadway Relocation Projects. B.4 Section §551.087 Deliberation Regarding Economic Development Negotiations. a. Update Regarding Negotiations With Economic Development Prospects. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (6) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 Announcement Of Mayor Pro Tem In Accordance With Council Rules Of Procedure Rule 4.2. (Van Arsdale) C.4 Presentation: A Proclamation Honoring Cameron Lee McNeill For Achieving The Eagle Scout Rank. C.5 Presentation: A Proclamation Recognizing October 2019 As National Chiropractic Health Month. C.6 Presentation: A Proclamation Recognizing October 2019 As National Bullying Prevention Month. C.7 Preliminary Public Comment. (Regarding items listed on this agenda. Pursuant to Government Code, Section 551.007, the public may address the Council before or during the Council’s consideration of the item, subject to the Council Rules of Procedure.) C.8 City Manager Report: Update On The “Buy Cedar Park” Campaign - Fran Irwin, Director Of Community Affairs. C.9 City Manager Report: Update On The Parks And Recreation Upcoming Special Events - Curt Randa, Parks And Recreation Director. Consent Agenda Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of Agenda Items D, E, and F. D.1 Approval Of Minutes From The City Council Special Called Meeting Of July 17, 2019. D.2 Approval Of Minutes From The City Council Special Called Meeting Of July 18, 2019. D.3 Approval Of Minutes From The City Council Special Called Meeting Of August 1, 2019. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 2 of 7 D.4 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of August 20, 2019. E.1 (FLU-19-007) Second Reading And Approval Of An Ordinance Amending The City’s Future Land Use Plan To Change The Future Land Use Designation For 4.86 Acres From Regional Office/Retail/Commercial (REG) To Heavy Commercial (HC) For Property Located at 2121 South Bell Blvd. The Planning And Zoning Commission Voted 7-0 To Recommend Heavy Commercial (HC). E.2 (Z-19-008) Second Reading And Approval Of An Ordinance To Rezone Approximately 4.86 Acres From Planned Development (PD) to Planned Development (PD), Located At 2121 South Bell Blvd. The Planning And Zoning Commission Voted 7-0 To Recommend Planned Development (PD) As Requested. E.3 (SUP-19-003) Second Reading And Approval Of A Special Use Permit (SUP) To Allow Automobile Sales On Approximately 4.86 Acres Located At 2121 South Bell Blvd. The Planning And Zoning Commission Voted 7-0 To Recommend The SUP With Conditions. E.4 (FLU-18-004) Second Reading And Approval Of An Ordinance Amending The City’s Future Land Use Plan To Change The Future Land Use Designation Of Approximately 12.60 Acres Located at 1501 South Bell Boulevard From 5.50 Acres Of Local Office/Retail/Commercial (LOC) And 7.10 Acres Of Medium Density Residential (MDR) To 2.51 Acres Of Local Office/Retail/Commercial (LOC) And 10.09 Acres Of Medium Density Residential (MDR). The Planning And Zoning Commission Voted 7-0 To Recommend 2.51 Acres Of Local Office/Retail/ Commercial (LOC) And 10.09 Acres Of Medium Density Residential (MDR). E.5 (Z-19-002) Second Reading And Approval Of An Ordinance To Rezone Approximately 10.09 Acres From General Business (GB) To Planned Development (PD) Located At 1501 South Bell Boulevard. The Planning And Zoning Commission Voted 6-1 To Recommend Planned Development (PD) As Requested. E.6 Second Reading And Approval Of An Ordinance Amending Cedar Park Code Of Ordinances Chapter 12 Subdivision Regulations, Article 12.03 Procedures, Section 12.03.006 Procedures For Determinations Of Municipal Infrastructure Cost Apportionment Determination And Appeals For Such Determinations, And Chapter 14 Site Development, Article 14.03 Nonresidential And Multifamily Development, Section 14.04.001 Approval Requirements. (Amendment) E.7 Second Reading And Approval Of An Ordinance Amending Cedar Park Code Of Ordinances, Chapter 16 Transportation Regulations, Article 16.03 Use Of Right-Of-Way, Section 16.03.019 Seal Of Professional Engineer Required. (Amendment) F.1 A Resolution Authorizing Issuance Of A Parks Special Use Permit To The Flying Disc Dogs Of Austin For A Frisbee Dog Competition At Veterans Memorial Park On November 23rd and 24th, 2019. F.2 A Resolution Authorizing The Release Of The 0.334-acre Temporary Access, Drainage, Waterline And Wastewater Line Easement Located on the 5.5997 Acre Parcel known As Lot 1, Block A, An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 3 of 7  Cedar Park Town Center Live Work Subdivision, As Recorded In Document No. 2004017994 Of The Official Records Of Williamson County, Texas. F.3 A Resolution Authorizing An Addendum To An Agreement With RSM US, LLP To Provide Independent Audit Services For The 2019 Fiscal Year In An Amount Not To Exceed $99,000. F.4 A Resolution Approving Amendments To The Investment Policy, Strategy Guidelines, And Authorized Broker Dealer List For The City Of Cedar Park. F.5 A Resolution Authorizing An Assignment Of An Agreement For Contract Services From Zeno Digital Solutions, LLC To Innovative Orange, LLC. F.6 Authorization To Excuse The Absences Of Mayor Pro Tem Guevara And Councilmember Chavez From The Regular Scheduled Meeting Of October 3, 2019. Public Hearings G.1 First Reading And Public Hearing Of Ordinances: No Item For Consideration. Regular Agenda (Non-Consent) H.1 Discussion Of Appointment Of Petri Darby To Place Two On The Economic Development Sales Tax (Type A) Corporation Board. (Kirkland) H.2 Discussion Of Reappointment Of Sudip Giri To Place One On The Economic Development Sales Tax (Type A) Corporation Board. (Kelly) H.3 Discussion Of Reappointment Of Mark McDonald To Place One On The Planning And Zoning Commission. (Kelly) H.4 Discussion Of Reappointment Of Virginia Hernandez To Place One On The Parks, Arts, And Community Enrichment (“PACE”) Board. (Kelly) H.5 Discussion Of Appointment Of Jeff Baker To Place Five The Planning And Zoning Commission. (Robinson) H.6 Discussion Of Appointment Of Mary McCarthy To Place Five On The Parks, Arts, And Community Enrichment (“PACE”) Board. (Robinson) H.7 Consideration Of A Resolution Authorizing A Performance Based Economic Development Incentive Agreement Between The Cedar Park Economic Development (Type A) Corporation And MSB Consulting Group, LLC. H.8 Consideration Of A Resolution Authorizing A Contract With Central Texas Refuse For Solid Waste And Recycling Collection Services. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 4 of 7 H.9 Consideration Of A Resolution Finding Public Convenience And Necessity And Authorizing Eminent Domain Proceedings, If Necessary, For Fee Simple Acquisition Of A 1,294 Square Foot Parcel Of Land, A Public Utility Easement Over A 1,194 Square Foot Parcel Of Land, And A Temporary Construction Easement Over A 1,719 Square Foot Parcel Of Land, All Three Parcels Being Out Of And A Part Of A Called 0.5346 Acre Tract Of Land Described In The Deed Executed December 20, 2017 From Veritex Community Bank To Horizon Bank, SSB, And Recorded In Document No. 2018000388 Of The Official Public Records Of Williamson County, Texas, And Also Out Of And A Part Of A Called 949 Square Foot Tract Described In The Boundary Line Agreement Between Horizon Bank, SSB And The City Of Cedar Park, Texas, Recorded In Document No. 2019057460. H.10 Consideration Of A Resolution Authorizing An Agreement For Construction Of The Police Department And Municipal Court Pond Modification Project With Trimbuilt Construction, Inc. In An Amount Not To Exceed $119,790. H.11 (FLU-19-009) Consideration Of A Future Land Use Plan (FLUP) Amendment Petition Requesting High Density Residential (HDR) For Approximately 7.93 Acres Located At 2230, 2300, And 2310 E. Whitestone Boulevard. H.12 (FLU-19-008) Consideration Of A Future Land Use Plan Amendment Petition Requesting Medium Density Residential (MDR) For Approximately 56 Acres Located North Of County Road 180 And West Of Ronald Reagan Boulevard. H.13 Consideration Of A Resolution Authorizing A Special Exception Pursuant To Cedar Park Code Of Ordinances Article 8.08 Noise Regulations For Haute Rock Entertainment Haute Mess Music Festival. H.14 Consider Action, If Any, On Items Discussed In Executive Session. H.15 Citizen Communications. (Not for items listed on this agenda. Three minutes each. No deliberations with Council. Council may respond with factual information.) H.16 Mayor And Council Closing Comments. H.17 Adjournment. The above agenda schedule represents an estimate of the order for the indicated items and is subject to change at any time. All agenda items are subject to final action by the City Council. Separate agenda items may be combined and discussed together at the discretion of the Chair. Any final action, decision, or vote on a matter deliberated in Closed Executive Session shall be made in an open meeting pursuant to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Certain information may be presented to and by the City Council, under the headings of “Citizen Communications”, and “Council Comments” however, by law, the Council shall not discuss, deliberate or vote upon such matters except that a statement of specific factual information, a recitation of existing policy, and deliberations concerning the placing of the subject on a subsequent agenda may take place. The City Attorney has approved the Executive Session Items on this agenda. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 5 of 7  CERTIFICATION I certify that the above notice of the Regular Scheduled City Council Meeting of the City of Cedar Park, Texas was posted on the bulletin board of the City of Cedar Park City Hall, 450 Cypress Creek Road, Building Four, Cedar Park, Texas. This notice was posted on: Date Posted:______________________________ Date Stamped (Month, Day, Year, AM/PM, Time) The Cedar Park City Hall Council Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretative services must be made 48 hours prior to this meeting. Please contact the City Secretary’s Office at (512) 401-5002 or FAX (512) 401-5003 for further information. _______________________________ LeAnn M. Quinn, TRMC City Secretary Notice Removed: _____________________ Date Stamped (Month, Day, Year, AM/PM, Time) An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 6 of 7 An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda October 24, 2019 Page 7 of 7