City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR FEBRUARY 24, 2022 AT 6:00 PM THIS MEETING IS A HYBRID IN-PERSON/VIDEOCONFERENCING FORMAT* Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2022 United States Toll Free: 1-844-992-4726 Access Code: 255 983 49293 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 February 24, 2022 Page 1 of 8  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. Collection Of Franchise Fees From Streaming Services. b. Enforcement Of Cedar Park Code Of Ordinances, Sections 13.05.002, 11.02.062, 3.02.006, And Other Provisions Regarding 1511 N. Bell Boulevard. c. Civil Action No. 1:20-CV-00481-RP; In The United States District Court, Western District, Austin Division, Gregory Raymond Kelley vs. The City Of Cedar Park, Sean Mannix, And Christopher Dailey. d. Legal Issues Concerning The Proposed Endo Pharmaceuticals, Inc., et. al. And Teva Pharmaceutical Industries, Ltd., et al. Opioid Settlements Through The Texas Office Of The Attorney General. 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 Zoning Authority And Property Owners Associations. B.3 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Exchange Of Right-Of-Way For US 183/Bell Boulevard. b. Purchase of Property Within The Bell District. B.4 Section § 551.087 Deliberation Regarding Economic Development Negotiations. a. Update Regarding Negotiations With Economic Development Prospects. The Council Reconvenes into Open Meeting. 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 February 24, 2022 Page 2 of 8  II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Kirkland) 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: Employee Recognition For Service With The City Of Cedar Park: a. Tim Dean, Parks And Recreation Department, Twenty Five Years of Service. C.5 City Manager Report: Recognition Of The City Of Cedar Park's 49th Anniversary. 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 December 9, 2021. D.2 Approval Of Minutes From The Regular Scheduled City Council Meeting Of December 16, 2021. D.3 Approval Of Minutes From The Regular Scheduled City Council Meeting Of January 13, 2022. D.4 Approval Of Minutes From The Special Called City Council Meeting Of January 21 And 22, 2022. D.5 Approval Of Minutes From The Regular Scheduled City Council Meeting Of January 27, 2022. E.1 (2022-1-OA) Second Reading And Approval Of An Ordinance Amending Cedar Park Code Of Ordinances Chapter 3 Building Regulations, Section 3.01.001 Building Codes Adopted For The Purpose Of Adopting The 2021 Series Of International Codes And Selected Appendices With Local Amendments, Adopting The 2020 National Electrical Code; And Amending Cedar Park Code Of Ordinances Chapter 5 Fire And Emergency Management, Article 5.01 Fire Code For The Purpose Of Adopting The 2021 Fire Code And Selected Appendices With Local Amendments. E.2 (Z-21-020) Second Reading And Approval Of An Ordinance To Rezone Approximately 2.94 Acres From Suburban Residential (SR) To Semi-Urban Residential (SU), Located At 605 Marquis Lane. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Semi- Urban Residential (SU). E.3 (Z-21-021) Second Reading And Approval Of An Ordinance To Rezone Approximately 110.434 Acres From Development Reserve (DR) To Planned Development-General Business (PD-GB) Located At The Southeast Corner Of The Intersection At Ronald W Reagan Boulevard And County Road 272. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Planned-Development-General Business (PD-GB) As Requested. 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 February 24, 2022 Page 3 of 8 E.4 (SUP-21-006) Second Reading And Approval Of An Ordinance For A Special Use Permit (SUP) To Allow A Daycare Center Use On Approximately 4.46 Acres Located At 2118 South Lakeline Boulevard. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of The SUP Request. E.5 (FLU-20-007) (Related To Z-21-008) Second Reading And Approval Of An Ordinance For A Future Land Use Plan (FLUP) Amendment For Approximately 5.46 Acres From Local Office/Retail/Commercial (LOC) To High Density Residential (HDR) Generally Located Southwest Of The Intersection Of East Whitestone Blvd And N Vista Ridge Blvd. The Planning And Zoning Commission Voted 6-1 To Recommend Approval Of High Density Residential (HDR). E.6 (Z-21-008) (Related To FLU-20-007) Second Reading And Approval Of An Ordinance To Rezone Approximately 21.49 Acres From General Business (GB) To Planned Development-Mixed Use (PD-MU) Located Southwest Of The Intersection Of East Whitestone Blvd And North Vista Ridge Blvd. The Planning And Zoning Commission Voted 6-1 To Recommend Approval Of Planned Development-Mixed-Use (PD-MU). F.1 A Resolution Authorizing An Amendment To The Development Agreement For The Spanish Oaks Electric Substation With The Lower Colorado River Authority. F.2 A Resolution Authorizing An Amendment To The 2019-2022 Meet And Confer Agreement With The Cedar Park Professional Firefighters Association To Address Eligibility For Fire Department Promotional Examination At The Rank Of Lieutenant. F.3 A Resolution Amending Policy E-1, Holidays, Of The City Of Cedar Park Human Resources Manual. F.4 A Resolution Consenting To The Brushy Creek Regional Utility Authority (“BCRUA”) Executing An Agreement With Walker Partners, LLC, For Design Of The Underwater Pipeline Replacement Project In An Amount Not To Exceed $277,645, With Cedar Park's Portion In The Amount Of $74,048. F.5 A Resolution Authorizing The City of Cedar Park’s Participation In The Texas Settlement Agreement With Endo Pharmaceuticals, Inc., et. al. And Teva Pharmaceutical Industries, Ltd., et al. Related To The Opioid Epidemic. F.6 Authorization To Excuse The Absence Of Councilmember Duffy From The Regular Scheduled Meeting Of January 13, 2022. Public Hearings G.1 (FLU-21-014) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 8 Acres From Bell Planning Area (PA-Bell) To Local Office/Retail/Commercial (LOC) Located Along Bell Boulevard South Of Peggy Garner Park And North Of New Hope Drive. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Local Office/Retail/Commercial (LOC). 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 February 24, 2022 Page 4 of 8 G.2 (FLU-21-015) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 14.6 Acres From Bell Planning Area (PA-B) To Local Office/Retail/Commercial (LOC) Located Along Bell Boulevard South Of New Hope Drive And North Of Valk Street. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Local Office/Retail/Commercial (LOC). G.3 (FLU-21-016) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 24.5 Acres From Low Density Residential (LDR) And Local Office/Retail/Commercial (LOC) To Public/Semi-Public (PUB) Located At 1555 And 1803 Cypress Creek Rd (ACC Campus). The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Public/Semi-Public (PUB). G.4 (FLU-21-017) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 1 Acre From Low Density Residential (LDR) To Public/Semi Public (PUB) Located At 1570 Cypress Creek Rd. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Public/Semi-Public (PUB). G.5 (FLU-21-018) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 2 Acres From Low Density Residential (LDR) To Recreation/Open Space (REC) Located At The Terminus Of Prize Oaks Drive, North Of The Intersection At Cedar Park Drive And Prize Oaks Drive. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Recreation/Open Space (REC). G.6 (FLU-21-019) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 9.32 Acres From Low Density Residential (LDR) To Recreation/Open Space (REC) Located At The Southeast Corner Of N Vista Ridge Boulevard And Colonial Parkway. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Recreation/Open Space (REC). G.7 (FLU-21-020) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 23 Acres From Low Density Residential (LDR) To Recreation/Open Space (REC) Located Adjacent To City Limits, West Of Parmer Lane And South Of E Whitestone Boulevard. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Recreation/Open Space (REC). G.8 (FLU-21-021) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 6.71 Acres From Low Density Residential (LDR) To Recreation/Open Space (REC) Located Adjacent To City Limits, West Of Parmer Lane And North Of Brushy Creek Road. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Recreation/Open Space (REC). G.9 (FLU-21-025) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan (FLUP) For Approximately 9 Acres From Regional Office/Retail/Commercial (REG) To Recreation/Open Space (REC) Located Northwest Of The Intersection At South Bell Boulevard And Avery Ranch Boulevard. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Recreation/Open Space (REC). 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 February 24, 2022 Page 5 of 8  Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Authorizing A Development Agreement For The 6.87-Acre Property Located At 400 W Park St. H.2 (Z-21-013) Second Reading And Approval Of An Ordinance To Rezone Approximately 6.9 Acres From Neighborhood Business (NB) To Planned Development-Mixed Use (PD-MU) Located At 400 W Park St. The Planning And Zoning Commission Voted 6-1 To Recommend Approval With Conditions Of Planned Development-Mixed-Use (PD-MU). H.3 Consideration Of 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. H.4 (ANX-21-002) (Related To FLU-21-005 And Z-21-018) Second Reading And Approval Of An Ordinance Regarding The Full-Purpose Annexation Of Approximately 57.94 Acres Of Land In The Williams S. Parker Survey, Abstract 9, And A Portion Of CR 180, A Right-Of-Way Of Varying Width Of Record Described To Williamson County, Texas, Generally Located Within The 300 And 400 Blocks Of CR 180, West Of Its Intersection With Ronald W. Reagan Blvd. H.5 (FLU-21-005) (Related To ANX-21-002 And Z-21-018) Second Reading And Approval Of An Ordinance For A Future Land Use Plan (FLUP) Amendment For Approximately 57.136 Acres From Local Office/Retail/Commercial (LOC) To Low Density Residential (LDR) Generally Located Within The 300 And 400 Blocks Of CR 180, West Of Its Intersection With Ronald W. Reagan Blvd. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Low Density Residential (LDR). H.6 (Z-21-018) (Related To ANX-21-002 And FLU-21-005) Second Reading And Approval Of An Ordinance To Rezone Approximately 57.136 Acres From Development Reserve (DR) To Planned Development–Semi-Urban Residential (PD-SU) Generally Located Within The 300 And 400 Blocks Of CR 180, West Of Its Intersection With Ronald W. Reagan Blvd. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of Planned Development-Semi-Urban Residential (PD-SU). H.7 Consideration Of A Resolution Authorizing A Professional Services Agreement With McKim and Creed, Inc., For The Design Of The Water System Resiliency Project In An Amount Not To Exceed $900,000. H.8 Consideration Of A Resolution Authorizing TA Supplemental Engineering Services Agreement With LJA Engineering Inc. For The Design Of The New Hope Drive (Ronald Reagan Boulevard To Sam Bass Road) Extension Project To Include The Extension Of Toro Grande Boulevard To New Hope Drive In An Amount Not To Exceed $252,261. H.9 Consider Action, If Any, On Items Discussed In Executive Session. H.10 Mayor And Council Closing Comments. 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 February 24, 2022 Page 6 of 8 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: 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 February 24, 2022 Page 7 of 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 February 24, 2022 Page 8 of 8