City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING MAY 28, 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 United States Toll: 1-408-418-9388 Access Code: 126 422 9307 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 May 28, 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 (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 A Settlement & Release Agreement With Continental Homes Of Texas, LP Regarding The Development Agreement For The Town Center Project. B.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. 13.411 Acres Located In the Cedar Park Town Center. b. Lease Agreement With South Texas Furniture Company D/B/A Texas Discount Furniture For Property Located At 200 S. Bell Blvd., Suite D. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Myr) 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 ** Time certain: Item will be called at 8:30 p.m. or upon completion of last agenda item above that began before 8:30 p.m. ** 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 From The Regular Scheduled City Council Meeting Of May 14, 2020. 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 May 28, 2020 Page 2 of 6 E.1 (FLU-19-011) Second Reading And Approval Of An Ordinance To Amend The Future Land Use Plan For Approximately 9.22 Acres From Regional Office/Retail/Commercial (REG) to Heavy Commercial (HC) Located South Of The Intersection Of Volta Drive And 183A Toll Road. The Planning And Zoning Commission Voted 6-0 To Recommend The Future Land Use Plan Amendment To HC. E.2 (Z-20-002) Second Reading And Approval Of An Ordinance To Rezone Approximately 9.22 Acres From General Business (GB) to Heavy Commercial - Conditional Overlay (HC-CO), Located South Of The Intersection Of Volta Drive And 183A Toll Road. The Planning And Zoning Commission Voted 6-0 To Recommend Heavy Commercial – Conditional Overlay (HC- CO). E.3 (SUP-20-001) Second Reading And Approval Of An Ordinance To Allow Automobile Sales In A Heavy Commercial (HC) Zoning District For Approximately 9.22 Acres Located South Of The Intersection Of Volta Drive And 183A Toll Road. The Planning And Zoning Commission Voted 6-0 To Recommend The Special Use Permit (SUP). E.4 (Z-20-003) Second Reading And Approval Of An Ordinance To Rezone Approximately 43 Acres From Local Business (LB), General Business (GB), General Business-Conditional Overlay (GB- CO), And Open Space Greenbelt (OG) To Planned Development (PD), Located Along Bell Boulevard Between Park Street And Buttercup Creek Boulevard. The Planning And Zoning Commission Voted 7-0 To Recommend Planned Development (PD). F.1 A Resolution Authorizing An Interlocal Purchasing Agreement Between The City Of Cedar Park And City Of Lewisville. F.2 A Resolution Authorizing The Commissioning Of A Utility Box Art Project As Recommended By The Parks, Arts, And Community Enrichment (PACE) Advisory Board, In A Total Amount Not To Exceed $1,235. F.3 A Resolution Authorizing An Amendment To The Economic Development Performance Agreement Red Horn Brewery & Roastery, LLC. F.4 A Resolution Authorizing An Amendment To The Economic Development Performance Agreement With MSB Consulting Group, LLC. F.5 A Resolution Amending The Cedar Park Roadway Plan To Be Substantially Consistent With The Recently Approved Bell Boulevard Master Development Agreement Design Book. Public Hearings G.1 (Z-19-011) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 200 Acres North of South Lakeline Boulevard Between South Bell Boulevard and Little Elm Trail From Open Space Greenbelt (OG), Development Reserve (DR), Multifamily (MF), Suburban Residential (SR), Urban Residential (UR), and Local Business (LB) to Open Space Recreation (OR). The Planning And Zoning Commission Voted 7-0 To Recommend Open Space Recreation (OR). 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 May 28, 2020 Page 3 of 6 G.2 First Reading And Public Hearing Of An Ordinance Terminating The Tax Increment Reinvestment Zone #1. G.3 First Reading And Public Hearing Of An Ordinance Denying Texas Gas Service Company’s Requested Rate Increase; Requiring The Company To Reimburse The City’s Reasonable Ratemaking Expenses. G.4 Public Hearing And Consideration To Approve A Resolution Amending The Fiscal Year 2020 Budget For Two Water Utility Capital Projects And Associated Funding Sources, The Type A Economic Development Fund, And The Type B Community Development Fund; And Amending And Approving Transfers Between Funds. Regular Agenda (Non-Consent) H.1 Consideration And Possible Action With Respect To An Amended And Restated Resolution Authorizing Defeasance And Redemption Of Certain Of The City's Outstanding Bonds And Other Related Matters. H.2 Consideration And Possible Action With Respect To An Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas Limited Tax Note, Series 2020; Prescribing The Form Of The Note; Levying An Ad Valorem Tax To Pay The Note; Awarding The Sale Thereof; And Enacting Other Provisions Relating Thereto. H.3 (FLU-20-002) Consideration Of A Future Land Use Plan Amendment Petition Requesting An Amendment From Medium Density Residential (MDR) To Local Office/Retail/Commercial (LOC) For Approximately 3.42 Acres Located At The Northeast Corner of South Lakeline Boulevard and West Riviera Drive. H.4 Consideration Of A Resolution Authorizing The Sale Of 13.411 Acres Located In The Cedar Park Town Center. H.5 Consideration Of A Resolution Authorizing A Settlement & Release Agreement With Continental Homes Of Texas, LP D/B/A DR Horton Homes Regarding The Development Agreement For The Town Center. H.6 Discussion For The Appointment Of Barbara Shaffer To Place Two On The Cedar Park Community Development (Type B) Board. (Kirkland) H.7 Discussion Regarding The COVID-19 Declaration Of Local State Of Disaster For The City Of Cedar Park. H.8 Consider Action, If Any, On Items Discussed In Executive Session. H.9 Mayor And Council Closing Comments. H.10 Adjournment. 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 May 28, 2020 Page 4 of 6 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. 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 May 28, 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 May 28, 2020 Page 6 of 6