City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING APRIL 23, 2020 AT 6:00 PM BY FREE-OF-CHARGE VIDEOCONFERENCE ONLY IN THE INTEREST OF PUBLIC HEALTH & SAFETY, PLEASE DO NOT COME TO THE CITY HALL CAMPUS Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2020 United States Toll Free: 1-844-992-4726 Access Code: 627 872 295 Corbin Van Arsdale, Mayor Mel Kirkland, Mayor Pro Tem Tim Kelly, Council Place One Rodney T. Robinson, Council Place Five Anne Duffy, Council Place Three Dorian Chavez, Council Place Six Mike Guevara, Council Place Four Brenda Eivens, City Manager ---------------------------------------------------------------------------------------------------------------------------- Pursuant to Section 551.007 of the Texas Government Code, as amended by HB 2840 (86 th Legis.), each member of the public who desires to address the Council regarding an item on the agenda shall be allowed to do so before or during the Council’s consideration of the item. Please register to speak under the specific agenda item and state whether you desire to speak during Council’s consideration of the item or before Council’s consideration of the item during Preliminary Public Comment. All electronic and printed materials to be presented at the Council Meeting must be submitted for cybersecurity and legal obscenity screening in accordance with City Policy. Electronic material must be submitted by 12:00 p.m., day of meeting, and printed material must be submitted prior to the Call To Order. Any electronic or printed material not submitted in accordance with the Policy, that poses a cybersecurity risk, or is legally obscene, will not be allowed. AGENDA A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. 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 April 23, 2020 Page 1 of 6  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. Construction Contract For City Of Cedar Park Fire Station No. 5. 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 The Master Development Agreement For The Bell Boulevard Redevelopment Project. b. Legal Issues Concerning The Fire Protection Services Agreement With Williamson County Emergency Services District #12. c. Legal Issues Concerning Cedar Park Tax Increment Reinvestment Zone #1 And The Development Agreement For Town Center. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (5) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 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.4 Public Communications. (Regarding items not listed on this Agenda. Three Minutes each. No deliberations with the Council. The Council may respond only with factual statements, recitation of existing policy, and requests for an item to be placed on a future Agenda.) 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: Refer To Agenda Item H.8. 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 April 23, 2020 Page 2 of 6 E.1 Second Reading And Approval Of An Ordinance Suspending The Effective Date Proposed By Atmos Energy Corporation – Midtex Division, To Increase Rates Under The Gas Reliability Infrastructure Program For Forty-Five (45) Days And Authorizing The City’s Continued Participation In A Coalition Of Cities Known As The "Atmos Texas Municipalities”. F.1 A Resolution Authorizing The Submission Of A Hazard Mitigation Grant Program (HMGP) Application To Texas Division Of Emergency Management (TDEM) For Funding Consideration Of The Block House Creek Channelization Project Utilizing DR-4466 Funds. F.2 A Resolution Authorizing The Partial Release Of A Sight Line Easement On Lots 1 And 12 Of Block D, And A Full Release Of The Sight Line Easement On Lot 1 Of Block A, Both Of The West Parke Subdivision Recorded In Document No. 2016118201 Of The Official Records Of Williamson County, Texas. F.3 A Resolution Authorizing A First Amendment To The Master Development Agreement For The Bell Boulevard Redevelopment Project. Public Hearings G.1 Public Hearing And Consideration To Approve A Resolution Re-Adopting Guidelines And Criteria Governing Tax Abatement Agreements Pursuant To Chapter 312 Of The Texas Tax Code. G.2 Public Hearing And Consideration To Approve A Resolution Amending The FY 2020 Type A Economic Development Fund Budget For The Establishment Of A Small Business Assistance Program In Response To The COVID-19 Pandemic. Regular Agenda (Non-Consent) H.1 Consideration Of An Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas General Obligation Refunding Bonds; Levying An Ad Valorem Tax In Support Of The Bonds; Approving A Paying Agent/Registrar Agreement, An Official Statement, A Purchase Agreement And An Escrow Agreement; Establishing Procedures For Selling And Delivery Of One Or More Series Of The Bonds; And Authorizing Other Matters Relating To The Bonds. H.2 Consideration Of An Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas Limited Tax Notes, Series 2020; Authorizing The Levy Of An Ad Valorem Tax In Support Of The Notes; Approving A Paying Agent/Registrar Agreement, An Official Statement And Other Agreements Related To The Sale And Issuance Of The Notes; Establishing The Procedures For Selling And Delivering The Notes; Authorizing The Reimbursement Of Certain Project Costs Prior To Issuance Of The Notes And Authorizing Other Matters Relating To The Issuance Of The Notes. H.3 Consideration Of A Resolution Delaying Action On An Ordinance Authorizing City Of Cedar Park, Texas Combination Tax And Limited Revenue Certificates Of Obligation In An Amount Not To Exceed $19,155,000; And Other Matters Related Thereto. H.4 Consideration Of A Resolution Approving The City Of Round Rock’s Execution Of A Construction Agreement With Thalle Construction Co., Inc., On Behalf Of The Brushy Creek 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 April 23, 2020 Page 3 of 6  Regional Wastewater System, For The East Plant Expansion Project In The Amount Of $107,351,712., With Cedar Park's Portion Not To Exceed $22,543,860., And Authorizing Funding Pursuant To The Interlocal Agreement Between The Cities Of Cedar Park, Round Rock, Austin, And Leander. H.5 Consideration Of A Resolution Approving The City Of Round Rock’s Execution Of An Agreement With Plummer Associates, Inc. For Construction Phase Engineering Services On Behalf Of The Brushy Creek Regional Wastewater System For The East Plant Expansion Project In The Amount Of $4,931,846., With Cedar Park's Portion Not To Exceed $1,035,688., And Authorizing Funding Pursuant To The Interlocal Agreement Between The Cities Of Cedar Park, Round Rock, Austin, And Leander. H.6 Consideration Of A Resolution Authorizing An Agreement For Construction Of The Cottonwood Creek Wastewater Interceptor Phase C-2 Project With M.A. Smith Contracting Company, Inc. In An Amount Not To Exceed $4,886,548. H.7 Discussion And Possible Action Regarding A Request From Round Rock Mayor And City Attorney To Join Multi-Cities’ Letter To Governor Abbott Regarding Additional Date Options For The May 2, 2020 City Of Cedar Park General Election. H.8 Consideration Of Approval For The Council Minutes From The Regular Scheduled Meeting Of April 9, 2020. H.9 Update On Activities Of The Capital Area Metropolitan Planning Organization ("CAMPO"). (Van Arsdale) H.10 Discussion Regarding The COVID-19 Declaration Of Local State Of Disaster For The City Of Cedar Park. H.11 Consider Action, If Any, On Items Discussed In Executive Session. H.12 Mayor And Council Closing Comments. H.13 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 April 23, 2020 Page 4 of 6  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 April 23, 2020 Page 5 of 6 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 April 23, 2020 Page 6 of 6