City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR DECEMBER 09, 2021 AT 6:00 PM THIS MEETING IS A HYBRID IN-PERSON/VIDEOCONFERENCING FORMAT* Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2021 United States Toll Free: 1-844-992-4726 Access Code: 255 289 60215 Phone Password: 23327727 Corbin Van Arsdale, Mayor Eric Boyce, Mayor Pro Tem Jim Penniman-Morin, Council Place One Kevin Harris, Council Place Five Mel Kirkland, Council Place Two Heather Jefts, Council Place Six Anne Duffy, Council Place Three Brenda Eivens, City Manager ---------------------------------------------------------------------------------------------------------------------------- *This meeting is a hybrid in-person/videoconferencing format. While some City staff and some City Council Members will attend in-person, other City Council Members, outside consultants and some presenters will join remotely. Seating will be socially distanced in Council Chambers and there will be an overflow viewing room should additional seating be necessary. The public is encouraged to take advantage of the option to attend the meeting remotely. For the virtual meeting link and phone number, see near the top of the agenda. This hybrid in-person/videoconference public meetings format will continue until further notice. For more information on how to participate remotely. 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. You may email the entire Council on any issue at Council@cedarparktexas.gov. 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 December 09, 2021 Page 1 of 7  AGENDA 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. 312 314 Old Hwy. 183 LP, v. City Of Cedar Park, et. al., Cause No. 21-1832-C395; Pending In The 395th Judicial District Court Of Williamson County, Texas; City Of Cedar Park v. 312 314 Old Hwy. 183 LP, et. al., Cause No. 20-0466-CC2; Pending In County Court At Law No. 2 (As Transferred To Williamson County District Court). 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 Contract For The Brushy Creek Regional Utility Authority Regional Treatment And Distribution Project. B.3 Section § 551.074 Deliberate The Appointment, Employment, Evaluation, And Duties Of A Public Officer Or Employee. a. Brenda Eivens, City Manager. b. J.P. LeCompte, City Attorney. 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. (Duffy) C.2 Pledges Of Allegiance (U.S. and Texas). 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 December 09, 2021 Page 2 of 7 C.3 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.) C.4 City Manager Report/Consideration Of: The COVID-19 Declaration Of Local State Of Disaster And Impact To The City Of Cedar Park - John Cummins, Emergency Management Coordinator. 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 October 28, 2021. D.2 Approval Of Minutes From The Regular Scheduled City Council Meeting Of November 4, 2021. D.3 Receipt Of Minutes From The Economic Development (Type A) Sales Tax Corporation Meeting Of September 20, 2021. D.4 Receipt Of Minutes From The Economic Development (Type A) Sales Tax Corporation Meeting Of September 23, 2021. D.5 Receipt Of Minutes From The Economic Development (Type A) Sales Tax Corporation Meeting Of November 1, 2021. D.6 Receipt Of Minutes From The Community Development (Type B) Corporation Meeting Of September 14, 2021. D.7 Receipt Of Minutes From The Community Development (Type B) Corporation Meeting Of September 23, 2021. D.8 Receipt Of Minutes From The Community Development (Type B) Corporation Meeting Of October 12, 2021. E.1 Second Reading And Approval Of An Ordinance Amending Cedar Park Code Of Ordinances Appendix A, Fee Schedule, Article 8.1000, Residential Monthly Rates And Charges For Residential Refuse, To State The Monthly Disposal Fee Shall Be The Contracted Rate As Approved By City Council. F.1 A Resolution Authorizing Issuance Of A Parks Special Use Permit To Jennifer Kloss For A Market Day Event At Town Center Park On March 19, April 16, And May 21, 2022. F.2 A Resolution Authorizing Application To, And Acceptance Of Funds If Awarded From, The DOJ Office Of Justice Programs, Bureau Of Justice Assistance's Bulletproof Vest Partnership For DOJ Fiscal Year 2021. F.3 A Resolution Authorizing Application To, And Acceptance Of Funds If Awarded From, Texas Department Of Transportation's STEP Comprehensive Grant For TxDOT Fiscal Year 2022. 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 December 09, 2021 Page 3 of 7 F.4 A Resolution Authorizing: (1) An Amended And Restated Community & Economic Development Performance Agreement Between the Cedar Park Community Development (Type B) Sales Tax Corporation and PG Cedar Park Group, LLC, Including An Amended And Restated Lease Agreement, With PG Cedar Park Group, LLC; And (2) An Amended And Restated Economic Development Performance Agreement Between The Economic Development Sales Tax Corporation Of Cedar Park And PG Cedar Park Group, LLC. F.5 A Resolution Authorizing An Agreement With Insight Public Sector, Inc. For Cisco SMARTNet Network Infrastructure Equipment Hardware And Software Maintenance And Support In An Amount Not To Exceed $67,226.81. F.6 Approval To Amend The 2022 City Of Cedar Park Meeting Calendar To Move The Council Retreat To January 21-22, 2022. Public Hearings G.1 (Z-21-017) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 3.41 Acres From Planned Development-General Business (PD-GB) To General Business (GB), Located At 1201 South Bell Boulevard. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of General Business (GB). G.2 (Z-21-011) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 13.49 Acres From Urban Residential (UR) To Planned Development-Urban Residential (PD-UR) Located At The Terminus Of Old Mill Road, North Of The Intersection Of South Lakeline Boulevard and Old Mill Road. The Planning And Zoning Commission Voted (4-2) To Recommend Approval Of PD-UR. G.3 First Reading And Public Hearing Of An Ordinance Amending The Cedar Park Code Of Ordinances, Chapter 9, Human Resources, Article 9.11 Municipal Civil Service, Section 9.11.002(b) Classification And Number Of Positions, Revising The Classification And Number of Positions In The Fire Department. Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Authorizing A Performance-Based Master Development Agreement with CPM Development, LLC, and Supporting Funding Agreements With The Economic Development Sales Tax Corporation Of Cedar Park And Cedar Park Community Development (Type B) Sales Tax Corporation. H.2 Consideration Of A Resolution Authorizing The Purchase Of Vehicles And Equipment Funded In The Approved FY22 Vehicle And Equipment Services Fund ("VES") Budget In An Amount Not To Exceed $3,424,600, And To Authorize The Auction, Sale, Or Trade-In Of Existing Vehicles And Equipment To Be Retired Or Salvaged. H.3 Consideration Of A Resolution Authorizing An Agreement With Austin Professional Cleaning Services, LLC. For The Purchase Of Janitorial Services In An Amount Not To Exceed $258,868.92 Annually. 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 December 09, 2021 Page 4 of 7 H.4 Update On The Brushy Creek North Fork Trail Project. (Van Arsdale) H.5 Discussion For Re-Appointment Of Kelly Brent To Place Seven On The Economic Development Sales Tax (Type A) Corporation Board. (Van Arsdale) H.6 Discussion For Re-Appointment Of Lance Gunn To Place Seven On The Community Development (Type B) Corporation Board. (Van Arsdale) H.7 Discussion For Re-Appointment Of Randy Strader To Place Seven On The Planning And Zoning Commission. (Van Arsdale) H.8 Discussion For Re-Appointment Of Matthew Olguin To Place Seven On The Tourism Advisory Board. (Van Arsdale) H.9 Consideration Of A Resolution Authorizing A Special Exception Pursuant To Cedar Park Code Of Ordinances Article 8.08 Noise Regulations For The Haute Spot Venue New Year’s Eve Celebration. H.10 Discussion Of Single Family Residential Lot Sizes. (Jefts) H.11 Discussion Of City Facilities Naming Policies. (Van Arsdale) H.12 Discussion Of Fire Code Regulations For Pet Resorts/Kennels. (Kirkland) H.13 Consider Action, If Any, On Items Discussed In Executive Session. H.14 Mayor And Council Closing Comments. H.15 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. 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: 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 December 09, 2021 Page 5 of 7  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 December 09, 2021 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 December 09, 2021 Page 7 of 7