City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR AUGUST 24, 2023 AT 6:00 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2023 United States Toll Free: 1-844-992-4726 Access Code: 2555 053 9723 Phone Password: 23327727 Jim Penniman-Morin, Mayor Anne Duffy, Mayor Pro Tem Bobbi Hutchinson, Council Place One Kevin Harris, Council Place Five Mel Kirkland, Council Place Two Heather Jefts, Council Place Six Eric Boyce, Place Four 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 August 24, 2023 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 (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 Process, Ground Rules, And The Meet And Confer Agreement With The Cedar Park Professional Firefighters Association. B.2 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. (Hutchinson) 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: Update Regarding The Cedar Park Fire On August 8, 2023 And Recognition Of All First Responders, City Staff, And Assisting Agencies. C.5 City Manager Report: Employee Recognition For Service With The City Of Cedar Park a. Chief Mike Harmon, Police Department, Twenty-Five Years Of Service. b. Sgt. David King, Police Department, Twenty-Five Years Of Service. c. Commander Chanse Thomas, Police Department, Twenty Years Of Service. d. Officer Erik Detlefsen, Police Department, Twenty Years Of Service. C.6 City Manager Report: Fiscal Year 2023 Third Quarter Financial And Investment Report - Kevin Klosterboer, Finance Director. 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 August 24, 2023 Page 2 of 6 D.1 Approval Of Minutes From The Regular Scheduled City Council Meeting Of July 13, 2023. E.1 (2023-OA-3) Second Reading And Approval Of An Ordinance To Amend Cedar Park Code Of Ordinances Appendix A Fee Schedule, Article 2.000 Development Service Related Fees, Section 2.300 Public Works Fees Regarding Subdivision Construction Inspection Fees. F.1 A Resolution Authorizing Issuance Of A Parks Special Use Permit To The Austin Regional Clinic Cedar Park For A Walk With A Doc Community Health Program At Town Center Park. F.2 A Resolution Authorizing An Agreement With Weaver And Tidwell, LLP To Provide Independent Audit Services For The 2023 Fiscal Year In An Amount Not To Exceed $94,500. F.3 A Resolution Authorizing An Agreement With ByWater Solutions, LLC For the Purchase Of The Koha Integrated Library System and Aspen Discovery In An Amount Not To Exceed $80,400. F.4 A Resolution Authorizing The Execution Of A Professional Services Agreement Amendment For Professional Architectural Services With Studio 16:19, LLC For The Design Of Bell Park In An Amount Not To Exceed $91,395. F.5 A Resolution Authorizing An Economic Development Performance Agreement With Prescription Dispensing Laboratories, Inc. Public Hearings G.1 First Reading And Public Hearing Of An Ordinance Repealing Cedar Park Code Of Ordinances Article 8.04 Juvenile Curfew. G.2 (2023-8-Z) (Related To 2023-2-SUP) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 2.06 Acres Generally Located At 1641 Scottsdale Drive From General Business-Conditional Overlay (GB-CO) To General Business-Conditional Overlay (GB-CO) And Amend The Conditional Overlay To Remove The Reception/Banquet Hall Use From The Prohibited Land Uses. The Planning And Zoning Commission Voted 6-0 to Recommend Approval Of The Rezoning Request As Presented. G.3 (2023-2-SUP) (Related to 2023-8-Z) First Reading And Public Hearing Of An Ordinance For A Special Use Permit (SUP) To Allow An Event Center Use On Approximately 2.06 Acres Generally Located At 1641 Scottsdale Drive. The Planning And Zoning Commission Voted 6- 0 To Recommend Approval of the Special Use Permit To Allow An Event Center Use As Presented. Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Authorizing An Economic Development Performance Agreement With Compedia USA, Inc. 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 August 24, 2023 Page 3 of 6 H.2 Consideration Of A Resolution Authorizing A Custom Innovation Platform Agreement Between The Economic Development Sales Tax (Type A) Corporation Of Cedar Park And Plug & Play, LLC. H.3 (2023-7-Z) Second Reading And Consideration For Approval Of An Ordinance To Rezone Approximately 9.64 Acres From Development Reserve (DR) and Professional Office (PO) To General Business (GB) Located At 2441 West Whitestone Boulevard. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of General Business (GB). H.4 Consideration Of An Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas Limited Tax Notes, Series 2023; Approval Of An Official Statement And A Paying Agent/Registrar Agreement; 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.5 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority (“BCRUA”) Executing An Agreement With Thalle Construction Company, Inc. For Construction Of The Underwater Pipeline Replacement Project In The Amount Of $6,710,000, With Cedar Park's Portion In The Amount Of $456,057. H.6 Consideration Of A Resolution Approving A Financing Agreement Between The Brushy Creek Regional Utility Authority, Inc. And The Texas Water Development Board And Other Matters In Connection Therewith, Relating To The Sale Of $7,605,000 Brushy Creek Regional Utility Authority, Inc. City Of Cedar Park, Texas Contract Revenue Bonds (Brushy Creek Regional Water Treatment And Distribution Project), Series 2023. H.7 Consideration Of A Resolution Authorizing An Agreement With Boss Display Corporation To Furnish And Install Custom Interactive Exhibits At The New Library In An Amount Not To Exceed $662,752. H.8 Consideration Of A Resolution Authorizing The Purchase Of A Replacement Police Special Operations Vehicle To Be Funded In The FY2024 Budget Through The Vehicle And Equipment Services ("VES") Fund In An Amount Not To Exceed $350,000 And To Authorize The Sale Of The Existing Vehicle Being Replaced. H.9 Consideration Of Sculpture Selections For The Cedar Park Sculpture Garden For The 2023-2024 Display Year. H.10 Consideration Of A Resolution Authorizing The Purchase Of Three Sculptures From The Cedar Park Sculpture Garden In An Amount Not To Exceed $13,200. H.11 Consideration For Appointment Of TJ Donnell To Place One On The Planning And Zoning Commission. (Hutchinson) H.12 Consideration For Appointment Of Stephen Johnson To Place Five On The Cedar Park Community Development (Type B) Board. (Harris) H.13 Consider Action, If Any, On Items Discussed In Executive Session. 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 August 24, 2023 Page 4 of 6 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: 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 August 24, 2023 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 August 24, 2023 Page 6 of 6