City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR DECEMBER 16, 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: 255 886 57795 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 16, 2021 Page 1 of 6  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 (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 Enforcement Of Cedar Park Code Of Ordinances, Sections 13.05.002, 11.02.062, And 3.02.006 Regarding 1511 N. Bell Boulevard. B.2 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. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Boyce) C.2 Pledges Of Allegiance (U.S. and Texas). 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: Fiscal Year 2021 Fourth Quarter Financial And Investment Report - Kevin Klosterboer, Assistant Finance Director. C.5 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. 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 16, 2021 Page 2 of 6 D.1 Approval Of Minutes From The Regular Scheduled City Council Meeting Of November 18, 2021. D.2 Approval Of Minutes From The Special Called City Council Meeting Of December 6, 2021. D.3 Receipt Of Minutes From The Tourism Advisory Board Meeting Of June 22, 2021. D.4 Receipt Of Minutes From The Tourism Advisory Board Meeting Of July 20, 2021. D.5 Receipt Of Minutes From The Tourism Advisory Board Meeting Of August 18, 2021. E.1 (Z-21-011) Second Reading And Approval 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. E.2 Second Reading And Approval 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. F.1 A Resolution Authorizing An Agreement With Petroleum Solutions, Inc. For The Replacement Of The Police Department Fuel Tank In An Amount Not To Exceed $127,769.61. F.2 A Resolution Granting A Utility Easement To Pedernales Electric Cooperative, Inc. For Electric Infrastructure To Be Located On City-Owned Property On Parmer Lane South Of Brushy Creek Road. F.3 A Resolution Authorizing An Annexation And Development Agreement For The 57.935-Acre Property Generally Located Within The 300 And 400 Blocks Of CR 180, West Of Its Intersection With Ronald W. Reagan Blvd. Public Hearings G.1 Public Hearing And Consideration Of A Resolution Granting A Temporary Construction Easement And A Permanent Utility Easement To Pedernales Electric Cooperative, Inc. For Electric Utility Infrastructure To Be Located Within Brushy Creek Sports Park. G.2 Public Hearing And Consideration Of A Resolution Amending The FY 2022 Budget For The General Fund, The Utility Fund, The Stormwater Fund, And The Capital Project List. Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Approving The American Rescue Plan Act Spending Plan. H.2 Consideration Of A Resolution Authorizing The Purchase And Installation Of Playground Equipment From Fun Abounds, Inc. In An Amount Not To Exceed $133,000. 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 16, 2021 Page 3 of 6 H.3 (Z-21-017) Second Reading And Consideration For Approval 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 GB. H.4 Consideration Of A Resolution Authorizing The Sixth Amendment To The Master Contract For The Financing, Construction, And Operation Of The Brushy Creek Regional Utility Authority (“BCRUA”) Regional Water Treatment And Distribution Project. H.5 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority (BCRUA) Executing An Agreement For Engineering Services With Walker Partners, LLC For The Design Of The Phase 1D Expansion Project In The Amount Of $1,375,848, With Cedar Park’s Portion Totaling $366,939. H.6 (FLU-21-024) Consideration Of A Future Land Use Plan Amendment Petition Requesting An Amendment From Regional Office/Retail/Commercial (REG) To Heavy Commercial (HC) For Approximately 1.55 Acres Located At 1901 S Bell Blvd. H.7 (FLU-21-023) Consideration Of A Future Land Use Plan Amendment Petition Requesting An Amendment From Regional Office/Retail/Commercial (REG) And Heavy Commercial (HC) To High Density Residential (HDR) For Approximately 19.75 Acres Generally Located Northwest Of The Intersection Of E Whitestone Blvd And Toro Grande Blvd. H.8 Discussion Regarding Benchmark Analysis For Athletic Field Use Fees And Possible Amendments To Article 12.00 Park Related Fees. H.9 Consider Action, If Any, On Items Discussed In Executive Session. H.10 Mayor And Council Closing Comments. H.11 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 16, 2021 Page 4 of 6  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 16, 2021 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 December 16, 2021 Page 6 of 6