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City Council

Regular Meeting

Cedar Park, TX · June 9, 2022

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Agenda

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR JUNE 09, 2022 AT 6:00 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2022 United States Toll Free: 1-844-992-4726 Access Code: 255 203 04307 Phone Password: 23327727 Jim Penniman-Morin, Mayor Eric Boyce, Mayor Pro Tem VACANT, 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 ---------------------------------------------------------------------------------------------------------------------------- The public may comment and attend the meeting remotely. For the virtual meeting link and phone number, see near the top of the agenda. For more information on how to participate remotely please refer to the City’s website at www.cedarparktexas.gov/councilagenda. 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. AGENDA A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. I. EXECUTIVE SESSION To Commence At 6:00 p.m. 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 June 09, 2022 Page 1 of 6 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. 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. 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 Meet And Confer Agreement With The Cedar Park Professional Firefighters Association. b. Legal Issues Concerning The Procedure For Filing Vacancy Of Place One Pursuant To City Charter, Section 3.06, And Review Of Process For Interviewing Of Candidates For Appointment To Council Place One Pursuant To Council Rules Of Procedure, Rule 4.1. B.3 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Acquisition Of Property For The Ranchettes 2 And 3 Drainage Project. The Council Reconvenes into Open Meeting. 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 Ceremonial Swearing In Of Elected Official From The General Election Of May 7, 2022. a. Council Place Six - Heather Jefts. C.4 Announcement Of Mayor Pro Tem In Accordance With Council Rules Of Procedure Rule 4.2. C.5 Presentation: A Proclamation Recognizing June 2022 As Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual ("LGBTQIA+) Pride Month. C.6 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.) 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 June 09, 2022 Page 2 of 6 Consent Agenda Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of Agenda Items D, E, and F. D.1 Receipt Of Minutes From The Economic Development (Type A) Sales Tax Corporation Meeting Of April 11, 2022. E.1 Second Reading And Approval Of An Ordinance Amending Chapter 18 Utilities, Article 18.08 Of The City Of Cedar Park Code Of Ordinances, Drought Contingency and Water Emergency Plan. F.1 A Resolution Authorizing Participation In The Texas CLASS Local Government Investment Pool. F.2 A Resolution Authorizing Acceptance Of The Season Of Justice Grant For Advanced DNA Analysis In A Cold Case Investigation. F.3 A Resolution Authorizing An Agreement With Flatrock Inspections, LLC For Building Inspections Services In An Amount Not To Exceed $85,000 For A One (1) Year Term With Four (4) Optional Annual Renewals. F.4 A Resolution Authorizing Municipal Utility Easements For Electric Utilities To Be Located Within Street Right-Of-Way In The Bell District. F.5 Approval To Amend The 2022 City Of Cedar Park Meeting Calendar To Move The Council Retreat To August 1-2, 2022. Public Hearings G.1 (2022-3-Z) (Related To 2022-1-SUP) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 4.6 Acres From General Business-Conditional Overlay (GB-CO) To General Business-Conditional Overlay (GB-CO) To Amend The Condition Related To The Landscape Buffer Located At 580 Spanish Oak Estates Drive. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of General Business – Conditional Overlay (GB-CO). G.2 (2022-1-SUP) (Related To 2022-3-Z) First Reading And Public Hearing Of An Ordinance For A Special Use Permit (SUP) To Amend The Condition Related To Fully Enclosed Courts For The Outdoor Commercial Amusement, Minor Use On Approximately 4.6 Acres Located At 580 Spanish Oak Estates Drive. The Planning And Zoning Commission Voted (7-0) To Recommend Approval Of The SUP To Amend The Condition Related To Fully Enclosed Courts. G.3 (2022-6-Z) Public Hearing And First Reading Of An Ordinance To Rezone Approximately 1.91 Acres From General Business-Conditional Overlay (GB-CO) To General Business-Conditional Overlay (GB-CO) To Amend The Condition Related To Permitted Uses Located At 3101 East Whitestone Blvd. The Planning And Zoning Commission Voted (7-0) To Recommend Approval Of General Business – Conditional Overlay (GB-CO) Request. 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 June 09, 2022 Page 3 of 6 G.4 Public Hearing And Consideration To Approve A Resolution Amending The FY 2022 Budget For The General Fund, The Economic Development Corporation (Type A) Fund, And Updating The Capital Improvement Plan. Regular Agenda (Non-Consent) H.1 Projects And Market Update Regarding The Issuance Of General Obligation Bonds Approved In The 2022 Bond Program – Dan Wegmiller, Specialized Public Finance, Inc. H.2 Consideration And Action With Respect To An Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas General Obligation Bonds; Levying An Ad Valorem Tax In Support Of The Bonds; Approving A Paying Agent/Registrar Agreement, An Official Statement, And A Purchase Agreement; Establishing Procedures For Selling And Delivery Of One Or More Series Of The Bonds; And Authorizing Other Matters Relating To The Bonds. H.3 (2022-3-FLU) Consideration Of A Future Land Use Plan Amendment Petition Requesting An Amendment From Regional Office/Retail/Commercial (REG) To High Density Residential (HDR) For Approximately 25.9 Acres Generally Located Northeast Of The Intersection Of Little Elm Trail And Bell Boulevard. H.4 Consideration Of A Resolution Finding Public Convenience And Necessity And Authorizing Eminent Domain Proceedings, If Necessary, For Fee Simple Acquisition Of A 2.034 Acre Parcel Of Land Being All Of Lot 16B, Block 9, Of Replat Of Lot 16, Block 9, Cedar Park Ranchettes Unit 3. H.5 Consideration Of A Resolution Authorizing Submission Of A Fiscal Year 2022 Pre-Disaster Mitigation Program (PDM) Application To Federal Emergency Management Agency (FEMA) For Funding Consideration Of The Cedar Park Ranchettes 2 And 3 Phase II Stormwater Mitigation Project. H.6 Consideration Of A Resolution Authorizing An Agreement With Dimonoff, Inc. For the Purchase Of A Street Light Control System In An Amount Not To Exceed $510,000. H.7 Consideration Of A Resolution Authorizing An Agreement With Trimbuilt Construction, Inc. For Construction Of The Police Department And Municipal Court Roof And HVAC Replacement Project In An Amount Not To Exceed $1,670,093. H.8 Consider Action, If Any, On Items Discussed In Executive Session. H.9 Mayor And Council Closing Comments. H.10 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. 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 June 09, 2022 Page 4 of 6 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 June 09, 2022 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 June 09, 2022 Page 6 of 6

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