City of Cedar Park Regular Scheduled City Council Meeting Cedar Park Public Library, 550 Discovery Boulevard

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, JANUARY 14, 2010 AT 6:30 P.M.

Mayor Bob Lemon Mayor Pro Tem Matt Powell Mitch Fuller, Councilmember Place Two Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Cobby Caputo, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. All Council present.

A.2 Invocation. Invocation given by Mayor Lemon.

A.3 Pledges of Allegiance. (U.S. and Texas) Boy Scouts Weblos from Den 202 led the audience in the Pledges of Allegiance.

A.4 Presentations: Pedernales Electric Cooperative Quarterly Report - Leslie West/Pete Brooks. Ms. Leslie West, Pedernales Electric Cooperative, presented Council with the quarterly franchise check.

A.5 Presentation: Cedar Park Tourism Advisory Board Quarterly Report. (Powell) Melanie Carr, Media Relations Manager, reviewed the activities of the Tourism Advisory Board. Ms. Carr presented the website enhancements, press releases, Cedar Park Fun brochure, advertisements, and upcoming activities.

Don Moore, Tourism Advisory Board President, briefly addressed Council.

City Council Minutes January 14, 2010 Page 1 of 9 A.6 Citizens Communications. (Three Minutes Each. No Deliberations With Council) (Council May Respond With Factual Information).

Kathy Cook, Cedar Park, addressed Council regarding the drainage and flooding issues on Cougar Avenue.

A.7 Mayor and Council Opening Comments. Councilmember Dales commented on the recent promotion ceremony at the Police Department, and also the attendance at the last Chamber of Commerce luncheon.

Councilmember Caputo commented on the attendance at the Texas Stars games reaching 100,000.

A.8 City Manager Report: Update On Pedernales Electric Cooperative And City Utility Coordination Projects - Darwin Marchell, Engineering Director. Darwin Marchell, Engineering Director, stated City staff met with representatives from Pedernales to discuss beautification possibilities with utility coordination. The main objective is to reduce the number of overhead power lines in Cedar Park. Two projects were identified. The first is existing overhead power lines along the west side of US 183 between Cedar Park Drive and RM 1431 and the second involves the installation of a duct bank for underground wiring along Cottonwood Creek Trail from RM 1431 to New Hope Drive that would allow for immediate or future underground utility installations.

A.9 City Manager Report: Residential Solid Waste Services Transition Process - Jose Madrigal, Assistant City Manager. Jose Madrigal, Assistant City Manager, stated delivery of the new trash and recycling bins began today. Articles have appeared in the Hill Country News, CH 10 and also the City’s website to notify citizens. All Red River carts should be picked up by the end of January, and all new carts should also be delivered by the end of January.

David Shank, Central Texas Refuse, updated Council on the routes and process for delivery of the carts.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C, and D.

Movant: Councilmember Fuller Second: Councilmember Moore Vote: 7:0

B.1 Approval Of The City Council Minutes From The Meeting Of October 29, 2009. Approved under the Consent Agenda.

City Council Minutes January 14, 2010 Page 2 of 9 B.2 Approval Of The City Council Minutes From The Meeting Of November 5, 2009. Approved under the Consent Agenda.

B.3 Approval Of The City Council Minutes From The Meeting Of November 7, 2009. Approved under the Consent Agenda.

B.4 Approval Of The City Council Minutes From The Meeting Of November 12, 2009. Approved under the Consent Agenda.

B.5 Receipt Of Minutes From The Economic Development Corporation ("4A") Meeting Of November 16, 2009. Received under the Consent Agenda.

C.1 ANX-09-001 Second Reading On An Ordinance For The Purpose Of Extending The Boundary Limits Of The City Of Cedar Park, Texas, To Include Approximately 29.22 Acres Of Land Located Near The Northwest Corner Of Ronald Reagan Boulevard And County Road 180, Further Identified As Williamson County Tax ID #S R315984, R485238, R315979, R315975, R315969, R315964, R315959, R485440, AND R031425. Approved under the Consent Agenda.

Ordinance Number A15-10-01-14-C1

C.2 Z-09-015 Second Reading On An Ordinance To Assign Original Zoning Of Local Retail (LR) To Approximately 1.729 Acres Of Land Owned By Whitestone Creek LLC Located On The South Side Of West Whitestone Boulevard Approximately 1000' West Of New Hope Drive, In Travis County, Texas. (Z-09-015) The Planning And Zoning Commission Voted To Recommend Local Retail (LR) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z16-10-01-14-C2

C.3 Second Reading On An Ordinance Amending Chapter 18 Utilities Article 18.10 Adding Section 18.10.006 Residential Refuse Rate And Amending Appendix A Fee Schedule Article 8.000 Adding Section 8.900 Monthly Rates And Charges For Residential Refuse Collection. Approved under the Consent Agenda.

Ordinance Number CO17-10-01-14-C3

D.1 A Resolution Amending The City Of Cedar Park Future Land Use Plan To Change The Designation Of Property Located On The North And South Side Of West Whitestone Boulevard Approximately 1000' Feet West Of New Hope Drive From Neighborhood Office/Retail Commercial And Employment Center To Regional Office Retail Commercial And Neighborhood Office/Retail Commercial, Respectively. The Planning And Zoning Commission Voted To Recommend Approval Of This Change.

City Council Minutes January 14, 2010 Page 3 of 9 Approved under the Consent Agenda.

Resolution Number R53-10-01-14-D1

D.2 A Resolution Authorizing And Directing The City Manager to Execute Change Order No. 5 With Hunt Construction Group In The Amount Of $147,799 For The Cedar Park Center Project. Approved under the Consent Agenda.

Resolution Number R54-10-01-14-D2

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending A Portion Of Chapter 11 Zoning Of The Code Of Ordinances Of The City Of Cedar Park, Texas, To Revise Division 3 Zoning Changes And Amendments, Section 11.10.030 Withdrawal Of A Zoning Application To Clarify The Regulations Regarding Withdrawal of Zoning Applications. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Duane Smith, Planning Director, stated the proposed amendments are to clarify the process and procedures regarding the withdrawal of a zoning application as provided in Section 11.10.030 of the Zoning Ordinance. The proposed amendments would allow for the withdrawal of an application within 10 calendar days of a recommendation of denial by the Planning and Zoning Commission without a waiting period penalty prior to resubmitting the request. The amendments also limit the number of times the same application may be submitted and withdrawn within a twelve month period following a recommendation of denial by the Planning and Zoning Commission. Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.2 Z-09-017 First Reading And Public Hearing On An Ordinance To Assign Original Zoning Of General Retail (GR) To Approximately 21 Acres And Local Retail (LR) To Approximately 8.22 Acres Owned By RS 180 Joint Venture, Philip C. Joseph, And Don Ray George Trustee, Located Near The Northwest Corner Of CR 180 And Ronald Reagan Boulevard, In Williamson County, Texas (Z-09-017). The Planning And Zoning Commission Voted To Recommend Approval Of General Retail (GR) And Local Retail (LR) For This Tract.

Duane Smith, Planning Director, stated the applicant is requesting to assign original zoning of General Retail (GR) to approximately 29.22 acres located near the northwest corner of CR 180 and Ronald Reagan Boulevard. This request is related to the voluntary annexation request scheduled for 2nd Reading on the January 14th agenda. Staff proposes an alternate recommendation of General Retail (GR) for approximately 21 acres and Local Retail (LR) for approximately 8.22 acres. The applicant is in agreement with staff recommendation.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

City Council Minutes January 14, 2010 Page 4 of 9

E.3 Z-09-020 First Reading And Public Hearing On An Ordinance To Amend The 6.5 Acre Bellamy Planned Development To Allow Small Residential Lots For Medium Density Single Family Residential Development, Owned By Silverado 601 LTD, Located At The Southwest Corner Of Kobuk Drive And Colonial Parkway, In Williamson County, Texas. (Z-09-020) The Planning And Zoning Commission Voted To Recommend Approval Of The Amendment To The Bellamy Planned Development.

Duane Smith, Planning Director, stated the applicant’s request is to amend the Bellamy Planned Development (PD) located at the southwest corner of Kobuk Drive and Colonial Parkway to allow small residential lots for medium density single family residential development. The existing PD was developed under a condominium regime and the amendment would allow the sale of homes on individual lots.

Joe Williams, Applicant, stated this amendment is market driven due to the current economy. The density will remain the same however the area will need to be replatted.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.4 Z-09-021 First Reading And Public Hearing On An Ordinance To Rezone Approximately 4.3 Acres Of Land From Condominium Residential (CD) To General Office With A Conditional Overlay To Allow Assisted Living As A Permitted Use (GO-CO), Owned By Caspita Industries Limited, Located At 2200 South Lakeline Boulevard, In Williamson County, Texas. (Z-09-021) The Planning And Zoning Commission Voted To Recommend Approval Of General Office With A Conditional Overlay (GO-CO) For This Tract.

Duane Smith, Planning Director, stated the applicant’s request is to rezone approximately 4.3 acres from Condominium Residential (CD) to General Office (GO), located at 2200 South Lakeline Boulevard. Based upon the applicant’s proposed use of Nursing Home and Assisted Living facility, staff recommends rezoning the property the General Office with a Conditional Overlay to allow Assisted Living as a permitted use. The applicant was agreeable with the staff recommendation.

Paul Milosevich, representing the Applicant, addressed Council regarding the rezoning request.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.5 Z-09-022 First Reading And Public Hearing On An Ordinance To Rezone Approximately 1.73 Acres Of Land From Transitional Office (TO) To Public Service (PS) Located At The Northwest Corner Of Cougar Avenue And Brushy Creek Road, In Williamson County, Texas. This Is A

City Council Minutes January 14, 2010 Page 5 of 9 City-Initiated Request (Z-09-022). The Planning And Zoning Commission Voted To Recommend Approval of Public Service (PS) District For This Tract.

Duane Smith, Planning Director, stated this is a City initiated request to rezone approximately 1.73 acres from Transitional Office (TO) to Public Service (PS) located at the northwest corner of Cougar Avenue and Brushy Creek Road. This tract is proposed for the new location of Fire Station One. At the Planning and Zoning Commission meeting held on December 15, 2009, three (3) citizens spoke in opposition to this request citing concerns such as drainage issues and potential noise created by the Fire Station.

Mayor Lemon commented on the Public Service District being less intensive than other uses.

Chief Chris Connealy, Fire Department, addressed the Council regarding the noise concerns associated with fire stations. Public meetings were held with citizens to address concerns with noise and drainage issues.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.6 First Reading And Public Hearing On An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02 Zoning Districts And Regulations, Division 34- Historic Preservation Overlay, For The Purpose Of Establishing An Effective Date, Providing For Severability, Providing For A Repealer. Withdrawn from the Agenda.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration To Approve A Resolution As Required By Section 394.005 Of The Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, Hereby Authorizing The Capital Area Housing Finance Corporation To Provide Funds Derived From The Proceeds Of Single Family Mortgage Revenue Bonds To Finance The Cost Of Single Family Mortgage Loans To Qualified Applicants For Homes Within The Corporate Limits Of The City Of Cedar Park, Texas Duane Smith, Planning Director, stated the City received a request from the Capital Area Housing Finance Corporation (CAHFC) for consideration of adoption of a Resolution to allow the Corporation to offer mortgage loans within the City of Cedar Park. The Corporation intends to issue Single Family Mortgage Revenue Bonds up to $25,000,000 to provide mortgage loans for qualifying first time home buyers.

Section 394.005 of the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, requires affirmative action by the governing body of a municipality

City Council Minutes January 14, 2010 Page 6 of 9 with more than 20,000 inhabitants before the Corporation can offer mortgage loans on properties within the jurisdiction of the municipality.

Jim Shaw, Executive Director for Capital Area Housing Finance Corporation (CAHFC), addressed Council regarding the program. This program is for first time home buyers that assists with partial funding for down payments. Home buyers are offered thirty year fixed mortgages. The program is to place home buyers in homes they can afford and keep.

General discussion followed regarding where the funding comes from, issuance of tax exempt bonds placed with the US Treasury, the holder of the loans, down payment assistance, marketing of the program, and specifics of the program.

Motion to approve a Resolution As Required By Section 394.005 Of The Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, Hereby Authorizing The Capital Area Housing Finance Corporation To Provide Funds Derived From The Proceeds Of Single Family Mortgage Revenue Bonds To Finance The Cost Of Single Family Mortgage Loans To Qualified Applicants For Homes Within The Corporate Limits Of The City Of Cedar Park, Texas.

Movant: Councilmember Caputo Second: Councilmember Mitchell Vote: 5:0 with Mayor Pro Tem Powell and Councilmember Dale voting against.

Resolution Number R55-10-01-14-F1

F.2 Consideration Of The Reappointment Of Don Tracy To Place 2 On The Cedar Park Economic Development Corporation ("4A") With A Term To Expire January 2013.

Motion to reappoint Don Tracy to Place 2 on the 4A Board.

Movant: Councilmember Fuller Second: Mayor Pro Tem Powell Vote: 7:0

F.3 Consideration Of The Reappointment Of Richard Galloway To Place 3 On The Civil Service Commission With A Term To Expire January 2013.

Motion to reappoint Richard Galloway to Place 3 on the Civil Service Commission.

Movant: Councilmember Moore Second: Councilmember Mitchell Vote: 7:0

City Council Minutes January 14, 2010 Page 7 of 9

F.4 Consideration Of City Of Cedar Park Charter Amendments. General discussion followed on the cost of having a charter election during the May General Election, the number of proposed amendments for the election, costing information needed by Williamson County and the deadline to call the election.

No action taken.

EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (V.T.C.A.) (Open Meetings Law), “The City Council may meet in a Closed Executive Meeting pursuant to provisions of the Open Meetings Law, Chapter 551, Government Code, V.T.C.A. in accordance with the authority contained in the following sections”: Council convened into Executive Session at 8:43 p.m. G.0 Executive Session:

G.1 Section § 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. i. Tax Implications On City Owned Real Property. ii. Cedar Park Tax Increment Reinvestment Zone #1 Development Agreement. iii. Construction Manager At Risk Agreement With Hunt Construction. iv. Amendments To The Developer Agreement Between The City Of Cedar Park And Triad Hospital, Their Successors And Assigns For The Cedar Park Regional Medical Center. v. Raw Water Floating Intake Contingency Project.

G.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property i. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project.

G.3 Section § 551.087 Deliberation Regarding Economic Development Negotiations: A. Incentive Negotiations Related To Water Park Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 10:22 p.m.

Agenda Item G.1iv Motion to authorize the City Manager, upon final approval by the City Attorney, to execute the first amendment to the Development Agreement between Cedar Park and Triad Hospital.

City Council Minutes January 14, 2010 Page 8 of 9 Movant: Councilmember Fuller Second: Councilmember Mitchell Vote 7:0

Resolution Number R56-10-01-14-G.1iv

H.1 Mayor And Council Closing Comments. None.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 10:25 p.m.

PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes January 14, 2010 Page 9 of 9

CITY OF CEDAR PARK CITY COUNCIL RETREAT FRIDAY, JANUARY 15, 2010, AT 3:00 P.M. Cedar Park Center Meeting Room 2100 Avenue Of The Stars, Cedar Park, TX 78613

MINUTES A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 3:30 p.m. All present.

B. Pledges of Allegiance. Council led in the Pledges of Allegiance.

C. Mayor and Council Opening Comments. None.

D. Discussion Only: 1. Review, Evaluate And Update Goals And Priorities: i) Goal 1: Strategic Prioritization Including: Utilities, Drainage, Brushy Creek Regional Utility Authority, Fire Service In Extra Territorial Jurisdictions, Staffing; Current And Future Budget Planning, Annexation, Regional Planning And Participation, And Succession Planning For Council, Staff, Boards And Commissions. ii) Goal 2: Beautification Of City. iii) Goal 3: Diversified Tax Base/Balanced Land Use Including: Zoning, Comprehensive And Future Land Use Plans, And Transportation Plan.

City Council Minutes January 15, 2010 Page 1 of 2

iv) Goal 4: City Facilities Including Construction, Expansion, Parkland And Future Bond Programs. v) Goal 5: Entertainment, Destination, Culture Including: Water Park, Trails Master Plans, And Cedar Park Center. vi) Goal 6: Redevelopment/Enhancement (Public/Private) Including: Parks, And Master Plan For Re-Development. vii) Goal 7: Economic Development Opportunities And Strategies. viii) Goal 8: Public Transportation, Mobility Systems Including Funding Mechanisms.

Agenda Items G.1i-vii called together. General discussion followed on the current budget and planning for the future budget, updating the annexation schedule, transportation projects and funding mechanisms.

2. Council Dynamics, Interaction and Participation With: i) Council. ii) City Staff. iii) Boards and Commissions. iv) Intra-Governmental Agencies. No discussion.

E. Mayor and Council Closing Comments. None.

F. Adjournment. Mayor Lemon adjourned the meeting at 5:45 p.m.

PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary City Council Minutes January 15, 2010 Page 2 of 2

CITY OF CEDAR PARK CITY COUNCIL RETREAT SATURDAY, JANUARY 16, 2010, AT 8:30 A.M. Cedar Park Police Department Training Room 911 Quest Parkway, Cedar Park, TX 78613

MINUTES A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 8:30 a.m. All present.

B. Pledges of Allegiance. Council led in the Pledges of Allegiance.

C. Mayor and Council Opening Comments. None.

v) Goal 5: Entertainment, Destination, Culture Including: Water Park, Trails Master Plans, And Cedar Park Center. vi) Goal 6: Redevelopment/Enhancement (Public/Private) Including: Parks, And Master Plan For Re-Development. vii) Goal 7: Economic Development Opportunities And Strategies. viii) Goal 8: Public Transportation, Mobility Systems Including Funding Mechanisms. Agenda Items G.1i-vii called together.

General discussion followed on redevelopment, drainage and utilities, fire service in the extra territorial jurisdictions, current and future roadway projects, regional planning and participation, and the Cedar Park Center.

2. Council Dynamics, Interaction and Participation With: i) Council. ii) City Staff. iii) Boards and Commissions. iv) Intra-Governmental Agencies. No discussion.

E. Mayor and Council Closing Comments. None.

F. Adjournment. Mayor Lemon adjourned the meeting at 3:00 p.m.

PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes January 16, 2010 Page 2 of 2

MINUTES THE CITY OF CEDAR PARK CITY COUNCIL SPECIAL CALLED MEETING TUESDAY, JANUARY 19, 2010 AT 5:30 P.M. Cedar Park Recreation Center Meeting Room 1435 Main Street, Cedar Park TX 78613

CITY COUNCIL Mayor Bob Lemon Lowell Moore, Place 4 Mayor Pro Tem Matt Powell Tony Dale, Place 5 Mitch Fuller, Place 2 Cobby Caputo, Place 6 Scott Mitchell, Place 3 Brenda Eivens, City Manager

THE CITY OF CEDAR PARK WILL BE HOSTING A JUNIOR CITY COUNCIL MEET AND GREET RECEPTION.

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN Mayor Lemon called the meeting to order at 5:30 p.m. Councilmember Mitchell absent, all other Council present.

2. Welcome And Opening Comments. Mayor Lemon welcomed all the Junior City Council.

3. Discussion Only: a. Introductions From Mayor And Council i. Personal Background. ii. Why They Serve. iii. Proudest Accomplishment On Council. Roundtable introductions were conducted for the Council.

b. Introductions From Junior City Council. i. Personal Background. ii. Why Joined Program. iii. Hobbies And Interests. Roundtable introductions were conducted for the Junior City Council.

c. Introduction Of City Staff. All City Staff present introduced themselves to the Junior City Council.

d. Review Of The Junior City Council Program. Katherine Woerner, Assistant to the City Manager, reviewed the program, meeting schedule and events planned for the Junior City Council. Jr. City Council January 19, 2010 Page 1 of 2

4. Adjournment. Mayor Lemon adjourned the meeting at 7:30 p.m.

PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

Jr. City Council January 19, 2010 Page 2 of 2

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, JANUARY 28, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. All Council present.

A.2 Invocation. Richard Galloway and Maria Talamo gave Invocations.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Introduction Of Participants For The Junior City Council Program. The participants of the Junior City Council Program introduced themselves to Council.

A.5 Presentation: Proclamation For National Wear Red Day In Cedar Park On Friday, February 5, 2010 - Ray Langlois, Leander ISD. Mayor Lemon read and presented a Proclamation in honor of National Wear Red Day in Cedar Park to Beth Thorson, Leander ISD, and Katie Lombarti, American Heart Association.

A.6 Presentation: Update On The Veterans Memorial Project - Bob Carter. Agenda Item A.6 called after Agenda Item F.1

City Council Minutes January 28, 2010 Page 1 of 13 Bob Carter addressed the Council on the Veterans Memorial planned for Veterans Memorial Park. In October 2009, the advisory board solicited artists for renderings. Sixteen (16) submissions were received and from those five (5) were selected as finalists. After a few modifications and directions the artists were asked to resubmit new renderings. Four (4) submissions were received. The renderings will be placed on display for public input.

A.7 Presentation: Report On The Cedar Park Center - John Frew, Frew Management. John Frew provided the final report on the Cedar Park Center. The CPC opened on-time and under budget. The final punch list only includes 13-14 minimum items. The Council set high standards and all those involved in the development and construction of the CPC strove for that. Mr. Frew commended staff and Council and stated he has greatly enjoyed working on this project.

A.8 Citizens Communications. (Three Minutes Each. No Deliberations With Council) (Council May Respond With Factual Information). Agenda Item A.8 called after Agenda Item A.4

Jim Dillon, Leander, addressed Council regarding the 4B meeting and is against the water park.

Spencer Yawn, Cedar Park, addressed Council regarding the need for public transportation in Cedar Park.

Kathy Cook, Cedar Park, addressed Council regarding the drainage issues on Cougar Avenue.

Ian Vincigeura, Cedar Park, stated he is in favor of the water park in Cedar Park.

A.9 Mayor and Council Opening Comments. Mayor Lemon stated the City is working on providing public transportation in Cedar Park, and a study will be conducted on the drainage issues around Cougar Avenue. Mayor also provided an update on the recent CAMPO meeting and stated Cedar Park was adjusted to a medium center as opposed to a small center, and commented on the funding for Brushy Creek Road.

Mayor Pro Tem Powell welcomed the Jr. City Council participants. He commented on the recent Council retreat and thanked the Mayor and Councilmember Caputo for their testimony at the CAMPO meeting. He also reflected on the loss of Ofc. Scout a Cedar Park K-9.

Councilmember Fuller thanked the Jr. City Council for their interest in becoming future leaders of Cedar Park. He also commented on the CAMPO meeting.

Councilmember Mitchell and Moore also thanked the Jr. City Council participants.

City Council Minutes January 28, 2010 Page 2 of 13 Councilmember Dale commented on the number in attendance at tonight’s meeting. He also commented on Brushy Creek Road and is glad to see the project moving forward.

Councilmember Caputo thanked staff for their assistance with the CAMPO meeting. He commented on the history of Brushy Creek Road and after five years is glad to see the project will move forward.

A.10 City Manager Report: Recognition Of Service With The City Of Cedar Park. i. Chief Henry Fluck, Police Department, Ten Years Of Service. Brenda Eivens, City Manager, presented Chief Henry Fluck with a plaque in recognition of ten years of service with the City of Cedar Park.

A.11 City Manager Report: Review Of December 2009 Building Permit And Revenue Activity - Mark Lewis, Director Of Building Inspections. Withdrawn from Agenda.

A.12 City Manager Report: Update On Veterans Memorial Park Phase 2 Site Plan And Construction Schedule - Tim Bargainer, BWM Design Group. Curt Randa, Parks Director, introduced Tim Bargainer with BWM Design Group. Mr. Bargainer reviewed the proposed schematics for Phase 2 of Veterans Memorial Park. This project is on target with the budget and is anticipated to begin construction in April 2010.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Councilmember Moore Second: Councilmember Fuller Vote: 7:0

B.1 Approval Of Council Minutes From The Meeting Of November 19, 2009. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Meeting Of December 3, 2009 With The Tourism Advisory Board. Approved under the Consent Agenda.

B.3 Approval Of Council Minutes From The Meeting Of December 3, 2009 With The 4B Board. Approved under the Consent Agenda.

B.4 Approval Of Council Minutes From The Meeting Of December 3, 2009. Approved under the Consent Agenda.

B.5 Receipt Of Minutes From The Parks And Recreation Board Meeting Of November 9, 2009.

City Council Minutes January 28, 2010 Page 3 of 13 Received under the Consent Agenda.

C.1 Second Reading On An Ordinance Amending A Portion Of Chapter 11 Zoning Of The Code Of Ordinances Of The City Of Cedar Park, Texas, To Revise Division 3 Zoning Changes And Amendments, Section 11.10.030 Withdrawal Of A Zoning Application To Clarify The Regulations Regarding Withdrawal of Zoning Applications. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Approved under the Consent Agenda.

Ordinance Number CO18-10-01-28-C1

C.2 Z-09-017 Second Reading On An Ordinance To Assign Original Zoning Of General Retail (GR) To Approximately 21 Acres And Local Retail (LR) To Approximately 8.22 Acres Owned By RS 180 Joint Venture, Philip C. Joseph, And Don Ray George Trustee, Located Near The Northwest Corner Of CR 180 And Ronald Reagan Boulevard, In Williamson County, Texas (Z-09-017). The Planning And Zoning Commission Voted To Recommend Approval Of General Retail (GR) And Local Retail (LR) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z19-10-0-28-C2

C.3 Z-09-020 Second Reading On An Ordinance To Amend The 6.5 Acre Bellamy Planned Development To Allow Small Residential Lots For Medium Density Single Family Residential Development, Owned By Silverado 601 LTD, Located At The Southwest Corner Of Kobuk Drive And Colonial Parkway, In Williamson County, Texas. (Z-09-020) The Planning And Zoning Commission Voted To Recommend Approval Of The Amendment To The Bellamy Planned Development.

Approved under the Consent Agenda.

Ordinance Number Z20-10-01-28-C3

C.4 Z-09-021 Second Reading On An Ordinance To Rezone Approximately 4.3 Acres Of Land From Condominium Residential (CD) To General Office With A Conditional Overlay To Allow Assisted Living As A Permitted Use (GO-CO), Owned By Caspita Industries Limited, Located At 2200 South Lakeline Boulevard, In Williamson County, Texas. (Z-09-021) The Planning And Zoning Commission Voted 6-0 To Approve General Office With A Conditional Overlay (GO-CO) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z21-10-01-28-C4

City Council Minutes January 28, 2010 Page 4 of 13 C.5 Z-09-022 Second Reading On An Ordinance To Rezone Approximately 1.73 Acres Of Land From Transitional Office (TO) To Public Service (PS) Located At The Northwest Corner Of Cougar Avenue And Brushy Creek Road, In Williamson County, Texas. This Is A City-Initiated Request (Z-09-022). The Planning And Zoning Commission Voted To Recommend Approval of Public Service (PS) District For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z22-10-01-28-C5

D.1 A Resolution Amending The City Of Cedar Park Future Land Use Plan To Change The Designation Of Property Located At 2200 South Lakeline Boulevard From High Density Residential to Neighborhood Office/Retail Commercial. The Planning And Zoning Commission Voted To Recommend Approval Of This Change.

Approved under the Consent Agenda.

Resolution Number R58-10-01-28-D1

D.2 A Resolution Amending The City Of Cedar Park Future Land Use Plan To Change The Designation Of Property Located At The Northwest Corner Of CR180 And Ronald Reagan Boulevard From Neighborhood Office/Retail/Commercial To Regional Office/Retail/Commercial (RS 180). The Planning And Zoning Commission Voted To Recommend Approval Of This Change.

Approved under the Consent Agenda.

Resolution Number R59-10-01-28-D2

D.3 A Resolution Authorizing And Directing The City Manager To Execute A Professional Services Agreement With Moman Architects For Architectural Services Associated With The Design Of The Parks Maintenance Facility In The Amount Of $72,000. Approved under the Consent Agenda.

Resolution Number R60-10-01-28-D3

D.4 A Resolution Authorizing And Directing The City Manager To Execute A Professional Services Agreement With Waeltz & Prete, Inc. For Engineering Services Associated With The Design Of The Parks Maintenance Facility In The Amount Of $64,162.00. Approved under the Consent Agenda.

Resolution Number R61-10-01-28-D4

D.5 A Resolution Authorizing The Cedar Park Police Department To Purchase Five Replacement Vehicles From Dallas Dodge. Approved under the Consent Agenda.

City Council Minutes January 28, 2010 Page 5 of 13

Resolution Number R62-10-01-28-D5

D.6 A Resolution Authorizing And Directing The Mayor To Execute Amendment No. 4 To Interlocal Agreement Regarding Final Design Services For The Regional Water System And Supplemental Contract No. 4 With Jacobs Engineering. Approved under the Consent Agenda.

Resolution Number R63-10-01-28-D6

E.2 First Reading And Public Hearing On An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02 Zoning Districts And Regulations, Division 34- Historic Preservation Overlay. Withdrawn from Agenda.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Presentation And Report On The Water Park Resort Project - Phil Brewer, Economic Development Director. Agenda Item F.1 called after Agenda Item A.9. Agenda Items F.1, F.2, F.3 and F.4 called together.

Phil Brewer, Economic Development Director, provided a history of the water park resort project identified as Schlitterbahn. The project will be developed in four phases. Phase 1 will include sixteen acres for the water park. Phase 2 and 3 will include a hotel, retail, riverwalk concept and conference center. Phase 4 will include additional retail and possible expansion of the facility.

Jeff Henry, Schlitterbahn, addressed the Council regarding the history of Schlitterbahn, current facilities and the proposed Cedar Park facility. Mr. Henry reviewed the family philosophy behind the business, affordable family oriented entertainment, and features of the proposed water park in Cedar Park. Mr. Henry addressed the proposed schematics of the park, which include tree house lodging, unique water park features, hotel and conference center, year round usage, noise concerns, and also water usage.

City Council Minutes January 28, 2010 Page 6 of 13 Mr. Brewer reviewed the proposed performance agreement. The 4B Board approved funding for this project in an amount not to exceed $6,000,000 for the construction and installation of public infrastructure for a water park resort upon the completion of Phase One of the Agreement.

Charles Rowland, City Attorney, provided a legal review of the performance agreement. The agreement allows for no risk to the City or burden on the homeowners. Each of the four phases of the project stands alone. The reimbursement of the agreement will be from monies generated by the project. If the project is not successful then there is no reimbursement or distribution of funds. Each phase of the project has specific criteria that must be met and has reimbursement caps for each phase.

General discussion followed by the Council regarding Cedar Park becoming a family oriented destination, the city, process and opportunity for citizen input in the past, performance based criteria, limited funding caps, and Council goals.

Mayor Lemon stated due to the number of people who have registered to speak he asked that two groups be formed for in favor and against. Each side will be given the same allotted time and once that time expires, all public comment will cease.

Speakers against project: Russ Barnard, Round Rock, addressed traffic, water usage, relocating the project, and the impact to local businesses being too crowded.

Steve Talcott, Round Rock, addressed the notification process to people outside the city limits, light pollution and stated he did not want this in his backyard.

Linda Jackson, Round Rock, addressed the location and stated this is a bad fit for the area, and also addressed the added traffic to the roads.

Ranee Bray, Round Rock, addressed the traffic and what plans would be made to make 1431 safe. She spoke about the zoning requirements and lack of notification of the water park actually being a Schlitterbahn.

Tom Schwerdt, Cedar Park, stated he is concerned with the additional roadways needed and the lack of federal and state money available to build. Also, he addressed the added costs to the city with regard to Police, Fire, water and sewer.

Speakers in favor of project:

Jerry Anderson, Georgetown, stated he is a business owner in Cedar Park and is looking forward to the growth and development.

Harold Dean, Cedar Park, represents the Chamber of Commerce and business owners and stated the due diligence has been done and it is time to move forward.

City Council Minutes January 28, 2010 Page 7 of 13 Heather Johnson, Austin, supports the development. Schlitterbahn is a quality, family oriented and affordable business.

Jerry Rose, Cedar Park, is a local banker and supports the development and the jobs it will bring. This item was discussed many times by the Tourism Advisory Board.

Aimee George, Cedar Park CVB, stated this is a great opportunity for the City of Cedar Park. A conference center is needed here and this will be a tax base that will benefit citizens of Cedar Park.

Jo Terrell, Cedar Park, stated this is a long term project that will experience short term growing pains, but will result in the addition of jobs, provide entertainment for families and possibly assist with taxes.

Stacy Rudd, Austin, is a Cedar Park business owner and congratulated the City for bringing such a project to Cedar Park.

Terry Watson, Cedar Park, supports the development and stated this project is not being funded with tax dollars.

Kathy Galloway, Cedar Park, stated the development is basically in her front yard but supports the project and not more homes. Cedar Park needs this and this could possibly lower the burden to citizens on home taxes.

Hetty Moore, Cedar Park, stated this is all about growth and complimented Council and their work in developing the City of Cedar Park.

Ryan Wood, Cedar Park, stated this is an investment in the future and will turn Cedar Park into a destination. Sales taxes will be placed back into the community to help with future funding of projects.

General discussion continued on the funding being provided by the 4B Board. The reimbursement is for infrastructure. $3M will be given at the beginning of the project and $3M after the completion of the project. The infrastructure includes roads, water and wastewater. The zoning has been in place with a planned water park resort. Due to negotiations and confidentiality, the City was unable to name Schlitterbahn as the project.

Brenda Eivens, City Manager, spoke about the short term and long term plans to deal with traffic on 1431.

Sam Roberts, Assistant City Manager, briefly discussed the traffic impact study, utility relocations and environmental assessments needed for the expansion of 1431.

Mayor Pro Tem Powell addressed the water consumption by Schlitterbahn, safety concerns on 1431 and the economic stimulus for the area. Studies show the water usage by water parks is greatly lower than that of residential or multi family developments.

City Council Minutes January 28, 2010 Page 8 of 13

Councilmember Dale commented on the jobs created not only by the operation of the water park but also construction jobs during development.

Councilmember Fuller stated Cedar Park has a culture of excellence. The 4B and 4A Board was developed 12 years ago and was formed to enhance economic development.

Refer to Agenda Items F.2, F.3 and F.4 for action taken.

F.2 Consideration Of A Resolution Approving The Water Park Resort 4B Project Agreement Between The Cedar Park Community Development Corporation And Cedar Park Land, LP For Up To $6,000,000 In Reimbursements For The Construction And Installation Of Public Infrastructure For Phase One Of A Water Park Resort Refer to Agenda Item F.1 for discussion.

Motion to approve a Resolution Approving The Water Park Resort 4B Project Agreement Between The Cedar Park Community Development Corporation And Cedar Park Land, LP For Up To $6,000,000 In Reimbursements For The Construction And Installation Of Public Infrastructure For Phase One Of A Water Park Resort.

Movant: Councilmember Fuller Second: Councilmember Moore Vote: 7:0

Resolution Number R64-10-01-28-F2

F.3 Consideration Of A Resolution Establishing An Economic Development Program As Authorized By Chapter 380 Of The Texas Government Code. Refer to Agenda Item F.1 for discussion.

Motion to approve a Resolution Establishing An Economic Development Program As Authorized By Chapter 380 Of The Texas Government Code.

Movant: Mayor Pro Tem Powell Second: Councilmember Mitchell Vote: 7:0

Resolution Number R65-10-01-28-F3

F.4 Consideration Of A Resolution To Authorize And Direct The Mayor To Execute A Chapter 380 Economic Development Agreement Between The City, Cedar Park Land, LP And AWPH Management, LLC For The Development Of A Water Park Resort And Related Amenities. Refer to Agenda Item F.1 for discussion.

City Council Minutes January 28, 2010 Page 9 of 13 Councilmember Caputo provided a complete history on this area which was originally in the City of Austin’s ETJ who at that time would not let developers develop the area. This problem resulted in SB 421 which forceded the City of Austin to dis-annex the area. Cedar Park began annexing the area in 1996. The homeowners in the area wanted to be annexed. Due to developments in the area such as the concrete plant and the mulch city, the City’s goal was to enhance development controls. In 1998 and again in 2006, citizens provided input on the Comprehensive Plan. The goal was to make Cedar Park a full service community and not just a bedroom community.

The implementation of 4B provided funding mechanisms for projects such as Vista Ridge Blvd and Colonial, and also numerous parks projects. The 4A allowed for the growth of businesses and the Cedar Park Center.

In 2007, all uses allowed by the Planned Unit Development, PUD, were clearly defined and included a water park resort. Although a specific name wasn’t identified with the project it was clearly identified as a water park. Council did listen to concerned citizens even though the majority of the citizens were located outside Cedar Park and as a results asked for the development to relocate the parking lots, which they did.

Councilmember Caputo encouraged everyone to get involved. 1431 is a multi- jurisdictional project that will be very expensive. Cedar Park can not improve 1431 East due to the fact it is not in the City and restrictions on funding.

Motion to approve a Resolution To Authorize And Direct The Mayor To Execute A Chapter 380 Economic Development Agreement Between The City, Cedar Park Land, LP And AWPH Management, LLC For The Development Of A Water Park Resort And Related Amenities.

Movant: Mayor Pro Tem Powell Second: Councilmember Mitchell Vote: 7:0

Resolution Number R66-10-01-28-F4

Note: Council recessed from 9:50 to 10:10 p.m.

F.5 Consideration To Establish A Priority Of Projects That May Be Submitted To And Discussed With The Texas Congressional Delegation. Sam Roberts, Assistant City Manager, reviewed the projects that have regional significance. The projects include RM 1431 (Cottonwood Creek to IH 35), New Hope Drive, Anderson Mill Road (1431 to Lime Creek Road), RM 1431 West (Bagdad Road to Anderson Mill Road, and New Hope Drive (Bagdad to Lakeline).

General discussion followed regarding the paperwork needed in order to submit the projects for consideration, deadline, outside funding mechanisms, and regional partnerships.

City Council Minutes January 28, 2010 Page 10 of 13 F.6 Consideration Of Reappointments To The Tax Increment Reinvestment Zone Board #1 Places One, Three, Five And Six. Withdrawn from Agenda.

F.7 Consideration To Amend The Human Resources Manual Policy D2 Retirement Benefits. Withdrawn from Agenda.

F.8 Consideration Of City Of Cedar Park Charter Amendments For The May 8, 2010 Election. Brenda Eivens, City Manager, addressed the Council regarding the proposed Charter Amendments and the cost estimates provided by the Williamson County Elections Department.

General discussion followed pertaining to the number of amendments to be placed on the ballots and also which ones should be included. Discussion included spreading the amendments out over a three year period.

Charles Rowland, City Attorney, briefly addressed the amendments considered to be housekeeping in nature and the ones that contained essential elements.

Motion for the May 8, 2010 election for the voters to be presented with the ten charter amendments identified as priority as previously presented.

Movant: Mayor Pro Tem Powell Second: Councilmember Caputo Vote: 7:0

Discussion continued:

Dick Galloway, Charter Review Committee, addressed the proposed amendments. The Committee spent much time on reviewing the entire Charter and is recommending placing all the proposed amendments on the May ballot.

General discussion followed on the propositions.

Motion to add to the Charter Amendment election propositions number 48, 35, 45, 46, 47 and 1.

Movant: Councilmember Dale Second: Councilmember Fuller Vote: 7:0

F.9 Discussion Only: Proposed Amendments To The Brushy Creek Regional Utility Authority Bylaws. (Fuller) Councilmember Fuller gave a brief overview of the board meeting for the Brushy Creek Regional Utility Authority. The proposed amendments are as follows: the Board will be comprised of two members from each city, each city will receive one vote and the second

City Council Minutes January 28, 2010 Page 11 of 13 board member from each city can be a Council member or citizen. Also addressed was the rotation of officers which will be begin on July 2011. This will be brought back to Council at a later meeting for approval.

G.0 Executive Session:

G.1 Section § 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Raw Water Floating Intake Contingency Project. b. Federal Legislative Advisory Services. c. State Legislative Advisory Services. d. Sales Tax Allocations And Payments.

G.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Morgan Wastewater Line.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session at 12:36 a.m. (Friday, January 29, 2010)

H.1 Mayor And Council Closing Comments. Councilmember Caputo stated he will not be seeking re-election in May.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 12:38 a.m.

City Council Minutes January 28, 2010 Page 12 of 13 PASSED AND APPROVED THIS 25TH DAY OF MARCH, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes January 28, 2010 Page 13 of 13

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, FEBRUARY 11, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:34 p.m. Councilmembers Fuller and Caputo absent. All others present.

A.2 Invocation. Mayor Lemon gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Review Of The Quarterly Investment Report For The Period Of October 1, 2009 To December 31, 2009. Josh Selleck, Finance Director, presented the quarterly investment report to Council. Howie Herring, Patterson and Associates, was available for questions.

A.5 Citizens Communications. (Three Minutes Each. No Deliberations With Council) (Council May Respond With Factual Information).

Laura Popp, Cedar Park, addressed Council regarding residential code violations in the Quarry Oaks subdivision.

A.6 Mayor and Council Opening Comments.

City Council Minutes February 11, 2010 Page 1 of 11 Mayor Pro Tem Powell commented on the Cedar Park Chamber of Commerce banquet held at the Cedar Park Center.

Councilmember Moore also commented on the Chamber of Commerce banquet.

Councilmember Dale commented on the recent swearing-in ceremony at the Cedar Park Police Department.

A.7 City Manager Report: Recognition Of Christopher Shulman, Cedar Park High School Cool Week Program Participant. Brenda Eivens, City Manager, introduced Christopher Shulman from Cedar Park High School. He is a participant for the Cool Week program and has been shadowing City Hall Administration.

Christopher commented on his experiences during Cool Week.

A.8 City Manager Report: Review of December 2009 And January 2010 Building Permit And Revenue Activity - Mark Lewis, Director of Building Inspections. Mark Lewis, Building Inspections Director, provided Council with the Building Permit and Revenue activity reports for December and January.

A.9 City Manager Report: Solid Waste Transition Process By Cedar Park Disposal. Jose Madrigal, Assistant City Manager, and representatives from Cedar Park Disposal and Rehrig updated Council on the delivery of the trash and recycling carts.

Jeris Queen, Rehrig, stated all the carts have been delivered to Cedar Park homes. Approximately 28,973 carts were delivered.

David Schenk, Cedar Park Disposal, stated residential service began on February 1st. The transition process went as planned and on-time. Recycling has shown a 70% - 80% participation rate by Cedar Park homes. He thanked Red River for working with Cedar Park Disposal in picking up old carts and thanked Council for their support.

A.10 City Manager Report: Review Of The Monthly Financial Report Through The Month Of December 2009 - Joshua C. Selleck, Director of Finance. Josh Selleck, Finance Director, provided Council the monthly financial report for December 2009.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.8 removed from the Consent Agenda.

City Council Minutes February 11, 2010 Page 2 of 11 Motion to approve all items on the Consent Agenda consisting of Agenda Item B, C and D excluding Agenda Item D.8

Movant: Councilmember Mitchell Second: Councilmember Moore Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

B.1 Receipt Of Minutes From The Cedar Park Economic Development Corporation ("4A") Meeting Of December 21, 2009. Received under the Consent Agenda.

C.0 Second Reading Of An Ordinance: No Items For Consideration. No items for consideration.

D.1 A Resolution Authorizing A Special Permit To Hold A 5K Trail Race At Brushy Creek Lake Park. Approved under the Consent Agenda.

Resolution Number R67-10-02-11-D1

D.2 A Resolution Authorizing A Special Permit To Hold A Kids Triathlon At Milburn Park. Approved under the Consent Agenda.

Resolution Number R68-10-02-11-D2

D.3 A Resolution Authorizing And Directing The City Manager To Execute A Joint Election Agreement Between The City Of Cedar Park, The Williamson County Elections Department And Participating Entities For The May 8, 2010 General And Special Election. Approved under the Consent Agenda.

Resolution Number R69-10-02-11-D3

D.4 A Resolution Awarding The Library Re-Roofing Contract To QA Construction Services In The Amount Of $54,000. Approved under the Consent Agenda.

Resolution Number R70-10-02-11-D4

D.5 A Resolution Authorizing And Directing The City Manager To Execute An Agreement With The Lower Colorado River Authority ("LCRA") To Use The Household Hazardous Waste Trailer For The Third Annual Household Hazardous Waste Cleanup On March 27, 2010. Approved under the Consent Agenda.

Resolution Number R71-10-02-11-D5

City Council Minutes February 11, 2010 Page 3 of 11 D.6 A Resolution Authorizing And Directing The City Manager To Negotiate And Execute An Engineering Services Agreement With Halff Associates For The Design of a Designated Right Turn Lane For Eastbound RM 1431 Onto Southbound Vista Ridge Blvd. Approved under the Consent Agenda.

Resolution Number R72-1-02-11-D6

D.7 A Resolution Finding Public Convenience And Necessity To Acquire Fee Simple Title, Access And Authorizing Eminent Domain, If Necessary From One Parcel Of Land To Effectuate The Cottonwood Creek Trail (RM 1431 To New Hope Drive) Reconstruction Project. Approved under the Consent Agenda.

Resolution Number R73-10-02-11-D7

D.8 A Resolution Authorizing And Directing The City Manager Upon Approval By The City Attorney To Execute Amendment #1 To The Construction Manager At Risk Contract With Spawglass Contractors, Inc For The Construction Of Fire Station #1. Removed from the Consent Agenda.

Emily Truman, Project Manager, stated this item is for the consideration of the approval of the Guaranteed Maximum Price for the Construction Management at Risk Agreement with Spawglass Contractors, Inc for the construction of Fire Station #1. Ms. Truman reviewed the completed design and schematics for Fire Station #1. Ms. Truman reviewed the specifics of the GMP and what it contains.

General discussion followed regarding the roads being taken out of the GMP and the reasons for it.

Motion to approve a Resolution Authorizing And Directing The City Manager Upon Approval By The City Attorney To Execute Amendment #1 To The Construction Manager At Risk Contract With Spawglass Contractors, Inc For The Construction Of Fire Station #1, excluding the road improvement allowances.

Movant: Mayor Pro Tem Powell Second: Councilmember Mitchell Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

Resolution Number R74-10-02-11-D8

D.9 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The 4A Corporation For Economic Development Promotional Services. Approved under the Consent Agenda.

Resolution Number R75-10-02-11-D9

City Council Minutes February 11, 2010 Page 4 of 11 D.10 A Resolution Authorizing And Directing The Mayor To Execute A Financing Agreement With The 4B Corporation Related To Payments Of Debt Service On Certificates Of Obligation In An Aggregate Amount Not To Exceed $4,110,000. Approved under the Consent Agenda.

Resolution Number R76-10-02-11-D10

D.11 A Resolution Directing The Publication Of A Notice Of Intention To Issue City Of Cedar Park, Texas Combination Tax And Revenue Certificates Of Obligation, Series 2010; And Other Matters Related Thereto. Approved under the Consent Agenda.

Resolution Number R77-10-02-11-D11

D.12 A Resolution Awarding Construction Bid For The 2010 Water Storage Tank Rehabilitation To Arndt Enterprises, Inc. For $333,322. Approved under the Consent Agenda.

Resolution Number R78-10-02-11-D12

D.13 A Resolution Consenting To The Brushy Creek Regional Utility Authority Executing A Contract With Fugro Consultants, Inc. For Construction Materials Testing and Geotechnical Services For The BCRUA Regional Water Treatment Plant Project. Approved under the Consent Agenda.

Resolution Number R79-10-02-11-D13

D.14 A Resolution Consenting To The Brushy Creek Regional Utility Authority Executing A Contract With Kleinfelder Central, Inc. For Construction Materials Testing and Geotechnical Services For The BCRUA 78 Inch Treated Water Transmission Line, Segment 1 Project. Approved under the Consent Agenda.

Resolution Number R80-10-02-11-D14

D.15 A Resolution Consenting To The Brushy Creek Regional Utility Authority Executing A Contract With Pre-Test Laboratory of Central Texas For Construction Materials Testing and Geotechnical Services For The BCRUA Raw Water Pipeline, Phase 1 - Contract 1 Project. Approved under the Consent Agenda.

Resolution Number R81-10-02-11-D15

D.16 A Resolution Stating The City's Election To Be Eligible To Participate In Tax Abatements As Authorized By Chapter 312 Of The Texas Tax Code And Establishing Guidelines And Criteria Governing Tax Abatement Agreements. Approved under the Consent Agenda.

City Council Minutes February 11, 2010 Page 5 of 11 Resolution Number R82-10-02-11-D16

D.17 Reappointment Of Mayor To Place One, Council Place 1 To Place 3, Council Place 3 To Place 5 And Council Place 5 To Place Six On The Tax Increment Reinvestment Zone Board #1. Approved under the Consent Agenda.

No Resolution Number assigned.

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 9 Human Resources, Article 9.01 Personnel Policies Manual To Provide For The Renaming Of The Employee Personnel Policy Manual; Provide For Amendments To The Manual By City Council Resolution; Amend Policies E.1 Holidays, E.2 Vacation Leave, And E.4 Family And Medical Leave Policy Of The Manual; And Adding Policy E.11 Catastrophic Leave. Miguel Ozuna, Human Resources Director, reviewed the proposed amendments to the Personnel Policies Manual. The amendments include renaming the manual to the Human Resources Manual and allowing for amendments to be approved by Resolutions as opposed to the current approval by Ordinance. Also, Holidays will be amended so that Fire Fighters shall have a paid holiday designated as “September 11th Day” that will be honored in lieu of Labor Day, effective March 1, 2010. Vacation Leave will be amended for Years of Continuous Service to be 0-10 years, 11-18 years and 19 or more years, effective March 1, 2010.The Family and Medical Leave amendment allows for conformity with applicable laws and there will be a new policy pertaining to Catastrophic Leave.

General discussion followed pertaining to the proposed catastrophic leave committee and functions.

Mayor Lemon opened the Public Hearing

John Hawkins, Cedar Park Police Association, addressed Council regarding the catastrophic leave policy. There is an immediate need for this policy and inquired about the use sick leave pools established before and after the implementation civil service.

Mayor Lemon closed the Public Hearing

General discussion followed regarding the different sick leave pools, administration of the program, banking of sick time and the monetary value of accrued sick leave.

E.2 First Reading And Public Hearing On An Ordinance Authorizing The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303 Of The Texas Government Code, Summarizing Local Incentives Available, Including Tax Incentives, Designating A Liaison For Communication With Interested Parties, And Nominating ETS-Lindgren L.P. As An Enterprise Project To The Office Of The Governor's Economic Development And Tourism Office Through The Texas Economic Development Bank

City Council Minutes February 11, 2010 Page 6 of 11 Larry Holt, Economic Development Specialist, addressed Council regarding the Texas Enterprise Program. The Texas Government Code, Chapter 2303, referred to as the Texas Enterprise Zone Program, allows for municipalities to designate zones or projects for the State’s Enterprise program which provides tax relief for qualified applicants. The City finds that ETS-Lindgren L.P. meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability.

Mayor Lemon opened the Public Hearing No Citizen Comment. Mayor Lemon closed the Public Hearing.

General discussion followed regarding the number of businesses that can be nominated, how businesses are nominated and the process used.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of Appointments To The Public Art Board. The following applicants were in attendance at the meeting and stated their interest in being appointed to the Arts Advisory Board.

Applicants: Paul J. Gorski Joe Fiacco Geraldine Smythe Justin Vatter Adrian Burczewksi-Haro Robert Carter David Gaddy Mark Ledyard Jack Puryear Monica Puryear Sheela Goodrich Andy deBruyn David Williams

General discussion included the number of applicants interested in serving on the board, general qualifications of the applicants, and the appointment of one member by each Councilmember.

Motion to appoint Mark Ledyard (Mayor), Robert Carter (Mitchell), Andy deBruyn (Moore), Geraldine Smythe (Dale), Paul Gorski (Powell), Joe Fiacco (Powell) and Sheela Goodrich (Dale) to the Arts Advisory Board.

Movant: Mayor Pro Tem Powell Second: Councilmember Moore Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

F.2 Consideration To Appoint Two Members To The Cedar Park Center Advisory Committee. Brenda Eivens, City Manager, stated the Lease and Development Agreement between Hicks Sports Group and the City of Cedar Park established an Advisory Committee for the Cedar Park Center. According to Section 12.8 of the agreement, the Advisory Committee will consist of five members, three of which are selected by the tenant (Hicks Sports Group)

City Council Minutes February 11, 2010 Page 7 of 11 and two selected by the Landlord (City of Cedar Park). The purpose of the Committee is to keep the Landlord, Tenant/Operator fully informed on issues affecting the management, maintenance, operation, repair, alteration and development of the Cedar Park Center.

Staff recommendation is to appoint Sam Roberts, Assistant City Manager, and Josh Selleck, Finance Director, as the two representatives for the Landlord/City of Cedar Park.

Motion to appoint Sam Roberts and Josh Selleck to the Cedar Park Center Advisory Committee.

Movant: Mayor Pro Tem Powell Second: Councilmember Moore Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

F.3 Consideration Of A Resolution Authorizing And Directing The City Manager To Negotiate And Execute A Consulting Services Agreement With Enviromedia Social Marketing For The Development And Implementation Of A Water Conservation Public Education And Promotion Program Based On The City's Water Conservation Plan Ordinance (18.11) And Drought Contingency And Water Emergency Plan Ordinance (18.08). Katherine Woerner, Assistant to the City Manager, provided a summary of the 2009 Water Conservation Public Education and Promotion Program. The City is entering its third year of the Water IQ Water Conservation campaign. The 2010 campaign will continue the message of informing residents and businesses about the importance of following the City’s watering schedule as well as encouraging conservation habits. Additionally, the 2010 campaign launches a new component: a Kid’s Water IQ campaign geared towards elementary school kids. The Kid’s Water IQ program will involve outreach in Cedar Park elementary schools during the spring and a presence in the Cedar Park Library’s Summer Reading Program.

Motion to approve a Resolution authorizing and directing the City Manager to negotiate and execute a Consulting Services Agreement with Enviromedia Social Marketing for the development and implementation of a water conservation public education and promotion program.

Movant: Councilmember Mitchell Second: Councilmember Moore Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

Resolution Number R83-10-02-11-F3

F.4 Consideration Of The Proposed Amendments To The Brushy Creek Regional Utility Authority Bylaws.(Fuller) Agenda Item F.4 withdrawn from the Agenda.

F.5 Consideration Of A Second Appointment To The Brushy Creek Utility Authority ("BCRUA") Board. (Powell)

City Council Minutes February 11, 2010 Page 8 of 11 Brenda Eivens, City Manager, stated from previous discussions pertaining to the number of members on the BCRUA board being increased, the City now has a second appointment to be made to the board.

Motion to appoint Lowell Moore to the Brushy Creek Regional Utility Authority Board.

Movant: Councilmember Dale Second: Councilmember Mitchell Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

F.6 Consideration Of A Designation Of Representatives To Meet With Members Of The Texas Congressional Delegation And Designation Of A Priority Project For Consideration. Brenda Eivens, City Manager, stated this item is to select the Council representatives and the designated roadway projects for the upcoming visit to Washington DC.

Sam Roberts, Assistant City Manager, reviewed the visit and the projects. A delegation of Cedar Park officials will travel to Washington DC to meet with members of the Texas Congressional Delegation. The purpose of the trip is to meet with and present information to the delegation on a request for federal funding of a designated priority transportation project in the City of Cedar Park.

General discussion followed regarding the designation of Mayor Pro Tem Powell and Councilmember Caputo as representatives for the trip. Councilmember Dale will be in Washington DC and will attempt to attend the meetings if his schedule allows.

Sam Roberts, Assistant City Manager, reviewed the selection of priority projects. RM 1431 from CR185 to Sam Bass Road is the main project to be submitted for possible funding. The environmental assessment is needed for this section of RM1431. Also, the City is seeking to include RM1431 from Parmer Road to Sam Bass Road.

General discussion followed pertaining to the roadway projects, cost associated with RM1431, city match funding, and regional involvement.

Motion to designate and proclaim RM1431 from CR185 to CR175 within the corporate limits of the City of Cedar Park as the priority project for submission for federal funding consideration.

Movant: Mayor Lemon Second: Mayor Pro Tem Powell Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

Resolution Number R84-10-02-11-F6

F.7 Consideration Of A Planetarium And Science Center. (Mayor) Mayor Lemon asked for this item to be placed on the Agenda. Interest has been expressed in the community for researching and pursing a final destination project.

City Council Minutes February 11, 2010 Page 9 of 11

Brian Rice, 4B President, stated the Board is excited to pursue researching the possibilities of a Planetarium/Science Center. 4B has included in their current budget money to begin assessments and will plan to visit facilities.

Don Tracy, 4A Board, and Alain O’Tool, Tourism Advisory Board, addressed Council regarding Cedar Park having a Planetarium/Science Center.

General discussion followed regarding the formation of an ad-hoc committee, Council’s strategic map and vision for Cedar Park, and private and public partnerships.

Mayor Lemon requested the creation of an ad-hoc committee to be placed on the next agenda.

Council convened into Executive Session at 9:31 p.m.

G.0 Executive Session:

G.1 Section § 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Federal Legislative Advisory Services. b. State Legislative Advisory Services. c. Sale Or Assignment Of A Portion Of The North Brushy Creek Wastewater Interceptor And Extension. d. Amendment To The Master Contract For The Financing, Construction, Ownership And Operation Of The Brushy Creek Regional Wastewater System. e. The Ranch at Cypress Creek Tolling Agreement.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 10:15 p.m.

City Council Minutes February 11, 2010 Page 10 of 11 Agenda Item G.1A

Motion to authorize the City Manager to execute a contract for professional services with Travis Lucas for rendition of professional legal services and public affairs consulting services related to the City.

Movant: Mayor Pro Tem Powell Second: Councilmember Dale Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

Agenda Item G.1E

Motion to authorize and direct the Mayor to execute a Tolling Agreement with the Ranch at Cypress Creek to expire May 1, 2010.

Movant: Councilmember Mitchell Second: Councilmember Moore Vote: 5:0 with Councilmembers Fuller and Caputo absent from meeting.

H.1 Mayor And Council Closing Comments. Mayor Pro Tem Powell requested an update on the resident fees versus non-resident fees.

Councilmember Dale asked for a future agenda item related to background checks on board applicants.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 10:22 p.m.

PASSED AND APPROVED THIS 8TH DAY OF APRIL, 2010.

______Matt Powell, Mayor Pro Tem

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes February 11, 2010 Page 11 of 11

MINUTES THE CITY OF CEDAR PARK CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION SPECIAL CALLED JOINT MEETING THURSDAY, FEBRUARY 18, 2010 AT 6:30 P.M. Cedar Park Public Library – Council Chambers 550 Discovery Boulevard, Cedar Park TX 78613

CITY COUNCIL Mayor Bob Lemon Lowell Moore, Place Four Mayor Pro Tem Matt Powell Tony Dale, Place Five Mitch Fuller, Place Two Cobby Caputo, Place Six Scott Mitchell, Place Three Brenda Eivens, City Manager

PLANNING AND ZONING COMMISSION

VACANT, Chair Nicholas Kauffman, Place Five Lorena Echeverria, Place One Sandy Trujillo, Place Six Eddie Hurst, Place Three Linas Danilevicius, Place Seven Jon Lux, Place Four

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN Mayor Lemon called the meeting to order at 6:37 p.m.

Councilmember Mitchell and Councilmember Moore absent from meeting. All other Council present.

All Planning and Zoning Commissioners present at meeting.

2. Pledges Of Allegiance. Council led the audience in the Pledges of Allegiance.

3. Welcome/Introductions. Roundtable introductions were conducted.

4. Presentation: Fire Station #1 Utility Undergrounding – Darwin Marchell And Emily Truman. Darwin Marchell, Engineering Director, and Emily Truman, Project Manager, reviewed Fire Station #1 construction and the relocation of utilities process. Council, PZ Joint Meeting Minutes February 18, 2010 Page 1 of 3

There are several options available for utility relocation which vary in cost. Mr. Marchell reviewed the various options and the pros and cons for each. The options include (1) duct bank, (2) overhead lines along the southside of Brushy Creek Road, (3) overhead lines along the rear of the property and (4) straightening of the existing line.

Option 4 is the preferred method recommended by staff. The cost is substantial lower and the benefits are preferable.

General discuss included undergrounding utilities, utility poles, expenses and general preference to options.

5. Discussion Only: a. Review Of The Comprehensive Master Plan. b. Review Of The Future Land Use Map. c. Review Of The Arterial And Collector Roadway Plan Maps. d. Review Of Zoning Districts And Permitted Uses. e. Review Of Long Range Planning And Incorporation Of The City’s Vision And Strategic Goals. f. Review Of The Planning & Zoning Board’s Roles And Expectations In Policy Implementation And Procedural Processes.

Agenda Items 5A to 5F called together.

Brenda Eivens, City Manager, briefly reviewed the Council Strategic Map.

Duane Smith, Planning Director, discussed Goal #3 on the Strategic Map, regarding diversified tax base and balanced land use.

General Discussion followed regarding the City of Cedar Park becoming a full service city, preservation of commercial areas, reconsideration of older Planned Unit Developments, Development Reserve areas, implementation of Comprehensive Plan and the Future Land Use Map for zoning considerations, application of principles and tools by the Commission, role of the Commission, need for redevelopment ordinances, and a possible work shop for the Commission

Council also inquired about the recent zoning of the new Fire Station #1 location and the reason behind why certain Commissioners voted against the city initiated zoning.

General discussion followed pertaining to planning from the dais, utilization of resources for Commission, consideration of zoning categories and not specific uses, consideration of factors not associated with zoning decisions, and stating reason for denial or recusal from votes.

Council, PZ Joint Meeting Minutes February 18, 2010 Page 2 of 3

6. Closing Comments. Roundtable closing comments were conducted.

7. Adjournment. Mayor Lemon adjourned the meeting at 8:45 p.m.

PASSED AND APPROVED THIS 8TH DAY OF APRIL, 2010.

______Matt Powell, Mayor Pro Tem

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

Council, PZ Joint Meeting Minutes February 18, 2010 Page 3 of 3

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, FEBRUARY 25, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. All Council present.

A.2 Invocation. Maria Talamo gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Review Of The 2001 183 Corridor Study. Duane Smith, Planning Director, reviewed the U.S. 183 Corridor Enhancement Plan. This plan is available on the City’s website. Mr. Smith reviewed the history, development, public process for input, and the vision for the enhancement plan,

A.5 Presentation: Update On The 2010 Census Complete Count Committee - Mike McCloskey. Mike McCloskey, Census Complete Count Committee, updated Council on the 2010 Census activities. There will be ten questions on the survey and public awareness programs will be utilized to encourage all citizens to participate.

A.6 Citizens Communications. (Three Minutes Each. No Deliberations With Council) (Council May Respond With Factual Information).

City Council Minutes February 25, 2010 Page 1 of 13 Bill Pohl, Pohl Brown and Associates, addressed Council regarding the mixed use zoning ordinance. He would like amendments in order to allow for the development of mixed use in the Cypress Creek/183 area.

A.7 Mayor and Council Opening Comments. Mayor Lemon asked for a moment of silence honoring Vernon Hunter a Cedar Park resident.

Mayor Pro Tem Powell commented on the ground breaking for Fire Station #1. He also commented on purchasing a paver at the Veterans Memorial Park in honor of Vernon Hunter.

Councilmember Fuller commented on the service of Vernon Hunter in the military. He also recognized the Leadership Cedar Park program, Jr. Leadership Cedar Park and the TACS program.

Councilmember Mitchell also commented on the groundbreaking for Fire Station #1.

Councilmember Moore commented on the groundbreaking for Fire Station #1 and wished his wife a Happy Birthday.

Councilmember Dale commented on the groundbreaking for Fire Station #1, the 2010 Lone Star Achievement Award, Williamson County Commissioner Court support of RM431 improvements, and the loss of Vernon Hunter.

Councilmember Caputo commented on the loss of Vernon Hunter.

Mayor Pro Tem Powell congratulated Keith Pierce for winning the 2010 Austin Marathon.

Mayor Lemon asked for staff to look into the road striping at the Sonic on RM1431.

A.8 City Manager Report: Update On Upcoming Parks And Recreation Events Including The Heritage Festival And Parade, Eggstravaganza And Movies In The Park - Curt Randa, Parks And Recreation Director. Curt Randa, Parks Director, updated Council on the many events being hosted by the City of Cedar Park Parks and Recreation Department.

A.9 City Manager Report: Presentation On The Cedar Park Transit Plan. (Caputo) Jose Madrigal, Assistant City Manager, reviewed the November 2008 study conducted by the Goodman Corporation. The study reviewed possible routes for public transportation within Cedar Park.

A.10 City Manager Report: Presentation On The Current Fee Structure Of Parks and Recreation Department and the Cedar Park Public Library. (Powell) Jose Madrigal, Assistant City Manager, reviewed the current facility fees for residents and non-residents.

City Council Minutes February 25, 2010 Page 2 of 13

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Councilmember Moore Second: Councilmember Fuller Vote: 7:0

B.1 Approval Of Minutes From The Council Meeting Of December 10, 2009. Approved under the Consent Agenda.

B.2 Approval Of Minutes From The Council Meeting Of December 17, 2009. Approved under the Consent Agenda.

B.3 Receipt Of Minutes From the Cedar Park Community Development Corporation ("4B") Meeting Of December 8, 2009. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Cedar Park Community Development Corporation ("4B") Meeting Of January 12, 2010. Received under the Consent Agenda.

B.5 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of October 20, 2009. Received under the Consent Agenda.

B.6 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of November 17, 2009. Received under the Consent Agenda.

B.7 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of December 15, 2009. Received under the Consent Agenda.

B.8 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of December 14, 2009. Received under the Consent Agenda.

B.9 Receipt Of Minutes From The Tourism Advisory Board Meeting Of November 13, 2009. Received under the Consent Agenda.

B.10 Receipt Of Minutes From The Tourism Advisory Board Meeting Of December 11, 2009. Received under the Consent Agenda.

City Council Minutes February 25, 2010 Page 3 of 13 C.0 Second Readings: No Items For Consideration.

D.1 A Resolution Ordering And Calling A City Council General And Special Election And A Special Election For Amendments To The City Charter For May 8, 2010; Making Provisions For Conducting The Election; And Resolving Other Matters Related To Such Election. Approved under the Consent Agenda.

Resolution Number R84-10-02-25-D1

Resolución Ordenando Una Elección General Y Elección Especial Para Oficiales De La Cuidad Y Elección Especial Para Enmiendas Al La Carta De La Cuidad (Constitucion); Que Se Llevara Acabo El Día 8 De Mayo, 2010; Adoptar Provisiones Par Conducir La Elección; Y Resolver Otros Asuntos Asociados Con La Elección.

D.2 A Resolution For City Acceptance Of Cedar Park Town Center Section 8 Subdivision Improvements. Approved under the Consent Agenda.

Resolution Number R85-10-02-25-D2

D.3 A Resolution Authorizing The Purchase Of New Civilian Vehicles And Equipment Approved In The FY10 Budget, The Purchase Of Replacement Civilian Vehicles And Equipment Approved In The FY10 Vehicle And Equipment Replacement Fund ("VES") Budget, The Sale Of Existing Civilian Vehicles And Equipment, Authorize Gaston Sheehan Auctioneers To Represent The City In The Sale Of Retired Civilian Vehicles And Equipment; And Authorizing And Directing The City Manager To Appoint The Fleet Manager To Determine Type Of Registration Appropriate, Obtain Title, And Take Delivery Of City Civilian Vehicles And Equipment Approved under the Consent Agenda.

Resolution Number R86-10-02-25-D3

D.4 A Resolution Finding Public Convenience And Necessity To Acquire Permanent Easements And Authorizing Eminent Domain, If Necessary, From Seven Parcels Of Land To Effectuate The Brushy Creek Regional Utility Authority Raw Water Pipeline Contract 2 Project. Approved under the Consent Agenda.

Resolution Number R87-10-02-25-D4

D.5 A Resolution Finding Public Convenience And Necessity To Acquire Temporary Construction Easements And Authorizing Eminent Domain, If Necessary, From Two Parcels Of Land To Effectuate The Brushy Creek Regional Utility Authority Raw Water Pipeline Contract 2 Project. Approved under the Consent Agenda.

Resolution Number R88-10-02-25-D5 D.6 A Resolution Approving A Financial Advisory Services Agreement Between The City Of Cedar Park Community Development Corporation And Specialized Public Finance Inc. ("SPFI").

City Council Minutes February 25, 2010 Page 4 of 13 Approved under the Consent Agenda.

Resolution Number R89-10-02-25-D6

D.7 A Resolution Approving The Submission Of A Grant Application For The 2010 Criminal Justice Program. Approved under the Consent Agenda.

Resolution Number R90-10-2-25-D7

D.8 Authorization To Approve The Absences Of Councilmember Fuller And Councilmember Caputo From The Regular Scheduled Meeting Of February 11, 2010. Approved under the Consent Agenda.

No Resolution number assigned.

PUBLIC HEARINGS E.1 Z-09-019 First Reading And Public Hearing On An Ordinance To Rezone Approximately 1.038 Acres Of Land From Planned Development (PD) To Local Retail (LR), Owned By Ozone Technology Inc., Located At The Northeast Corner Of North Lakeline Boulevard And West New Hope Drive, In Williamson County, Texas. (Z-09-019) The Planning And Zoning Commission Voted To Recommend Denial Of Local Retail (LR) For This Tract.

Duane Smith, Planning Director, stated the applicant has requested to rezone approximately 1.038 acres from Planned Development (PD) to Local Retail (LR), located at the northeast corner of North Lakeline Boulevard and West New Hope Drive. At the January 19, 2010 Planning and Zoning Commission meeting, the Commission recommended denial of the applicant’s request. A favorable vote of at least three-fourths (6 votes) of all City Council members is required to overrule the Planning and Zoning Commission’s recommendation for denial. Commissioner Sandy Trujillo, P&Z, addressed Council regarding the recommendation of the P&Z to deny the request.

The Planning and Zoning Commission voted 6-0-1 to deny the applicant’s request for Local Retail (LR). Recused: Eddie Hurst, Jr.

General discussion followed pertaining to the adjacent tract being zoned LR, the Comprehensive Plan and staff’s recommendation for approval, traffic concerns and high traffic volumes, local schools and crossing guards at Lakeline and New Hope, the current Planned Development and allowable uses.

Kristiana Alfsen, Pohl Brown and Associates, representing the owner and Aaron Gill, representing the buyer, addressed Council regarding the proposed zoning change. Addressed were safety concerns regarding students crossing the intersection, traffic volumes, and vehicle speeds.

Mayor Lemon opened the Public Hearing

City Council Minutes February 25, 2010 Page 5 of 13

Jim Richardson, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Mike Uihlein, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Arian Wise, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Mike McCloskey, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Charles Rogers, Cedar Park, spoke in favor of the proposed zoning amendment.

Ann Richardson, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Craig Bryant, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Mayor Lemon closed the Public Hearing.

General Discussion followed regarding the medians in the local area, curb cuts for driveways, and platting issues. Commissioner Sandy Trujillo addressed the unique features of the major arterial at Lakeline and New Hope Drive. Councilmember Caputo inquired why this area was considered to be unique as opposed to other areas in Cedar Park, and what factors were used to evaluate the proposed zoning.

Mayor Lemon reopened the Public Hearing.

Lara Rentzsch, Cedar Park, spoke in opposition to the proposed zoning amendment (Gas Station).

Alain O’Tool, Cedar Park, asked for Council to consider their strategic map and be thoughtful in considering the proposed amendment.

Mayor Lemon closed the Public Hearing.

The following citizens registered their opposition to the proposed zoning amendment.

David Wise - Cedar Park Ellen McCauley – Cedar Park Ed McCauley – Cedar Park

General Discussion continued pertaining to land use versus zoning classifications, currently permitted uses by the Planned Development, allowable uses under Local Retail (LR),

City Council Minutes February 25, 2010 Page 6 of 13 infrastructure, pursuing discussions with Leander ISD, and the intensity of the proposed amendment and a possible gas station.

E.2 Z-09-023 First Reading And Public Hearing On An Ordinance To Rezone Approximately 1.3 Acres Of Land From General Office (GO) To General Retail (GR), Owned By Whitestone Medical Partners LP, Located At The Southeast Corner Of East Whitestone Boulevard and C- Bar Ranch Trail, In Williamson County, Texas. (Z-09-023) The Planning And Zoning Commission Voted To Recommend Approval Of General Retail (GR) For This Tract.

Agenda Item E.2 called after Agenda Item F.8

Duane Smith, Planning Director, stated the applicant has requested to rezone approximately 1.3 acres from General Office (GO) to General Retail (GR), located at the southeast corner of East Whitestone Boulevard and C-Bar Ranch Trail. The Planning and Zoning Commission voted 7-0 to approve the applicant’s request for General Retail (GR).

Mayor Lemon opened the Public Hearing No Citizen Comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of The Second Reading On An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 9 Human Resources, Article 9.01 Personnel Policies Manual To Provide For The Renaming Of The Employee Personnel Policy Manual; Provide For Amendments To The Manual By City Council Resolution; Amend Policies E.1 Holidays, E.2 Vacation Leave, And E.4 Family And Medical Leave Policy Of The Manual; And Adding Policy E.11 Catastrophic Leave. Miguel Ozuna, Human Resources Director, addressed Council regarding the proposed amendments to the Human Resources Manual. Council at the February 11, 2010 Council meeting requested additional information pertaining to catastrophic leave and the accruals of sick leave. Upon the request of Council, an amendment was made to the Catastrophic Leave Policy to include language to reflect a time period for appeals to be heard. The committee must convene no later than 5 days from the time or appeal.

Mr. Ozuna also reviewed the accrual of sick leave in reference to “Sick 1” or “Sick 2”, the pay out upon separation, the fiscal impact for each type of sick leave and the cost associated with each type of sick leave.

General discussion followed pertaining to the implementation date of the catastrophic leave policy, the administration of the catastrophic leave policy, and donation of time in order to participate.

City Council Minutes February 25, 2010 Page 7 of 13 Motion to approve the second Reading On An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 9 Human Resources, Article 9.01 Personnel Policies Manual To Provide For The Renaming Of The Employee Personnel Policy Manual; Provide For Amendments To The Manual By City Council Resolution; Amend Policies E.1 Holidays, E.2 Vacation Leave, And E.4 Family And Medical Leave Policy Of The Manual; And Adding Policy E.11 Catastrophic Leave with the addition to authorize the City Manager to extend the enrollment date for catastrophic leave if deemed necessary.

Movant: Mayor Pro Tem Powell Second: Councilmember Mitchell Vote: 7:0

Ordinance Number CO23-10-02-25-F1

F.2 Public Hearing And Consideration Of The Second Reading On An Ordinance Authorizing The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303 Of The Texas Government Code, Summarizing Local Incentives Available, Including Tax Incentives, Designating A Liaison For Communication With Interested Parties, And Nominating ETS-Lindgren L.P. As An Enterprise Project To The Office Of The Governor's Economic Development And Tourism Office Through The Texas Economic Development Bank

Larry Holt, Economic Development Specialist, stated this is the second public hearing on an ordinance to authorize the City’s participation in the Texas Enterprise Program. The program allows for municipalities to designate zones or projects for the State’s Enterprise program which provides tax relief for qualified applicants. The City finds that ETS- Lindgren L.P. meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability;

Brian Sellars, ETS Lindgren, addressed Council regarding the program.

Motion to approve the Ordinance Authorizing The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303 Of The Texas Government Code, Summarizing Local Incentives Available, Including Tax Incentives, Designating A Liaison For Communication With Interested Parties, And Nominating ETS- Lindgren L.P. As An Enterprise Project To The Office Of The Governor's Economic Development And Tourism Office Through The Texas Economic Development Bank.

Movant: Councilmember Moore Second: Councilmember Fuller Vote: 7:0

Ordinance Number CO24-10-02-25-F2

City Council Minutes February 25, 2010 Page 8 of 13 F.3 Consideration Of A Resolution Authorizing And Directing The City Manager To Execute An Amendment To The Raw Water Transportation Agreement With Twin Creeks Golf Group, LP And For The Mayor To Terminate The Water Sale Contract For Irrigation Uses No. 37458 With The Lower Colorado River Authority ("LCRA").

Kenneth Wheeler, Assistant Director Utilities, addressed Council regarding the amendment to the Raw Water Transportation Agreement. This agreement originally entered into in 2001 and amended in 2005 agreed to supply the District with raw water for the irrigation of the golf course and landscaping. The current agreement provides for a maximum of 441 acre-feet of raw water per year. Twin Creeks is billed monthly for the actual amount of raw water delivered. If less than the 441 acre-feet of raw water is delivered within a calendar year, Twin Creeks agrees to pay the difference between the monthly deliveries and the 441 acre-feet.

Twin Creeks Golf Group, LP. has determined that the current quantity of raw water is excessive and have requested that it be reduced. The new agreement requires Twin Creeks Golf Group, LP to obtain their own water sale contract for irrigation uses from LCRA. LCRA has approved their new contract contingent on the termination of the existing irrigation use contract with Cedar Park. The termination of Cedar Park’s existing irrigation use contract with LCRA will be executed simultaneously with the execution of the Raw Water Transportation Agreement.

Motion to approve the Resolution Authorizing And Directing The City Manager To Execute An Amendment To The Raw Water Transportation Agreement With Twin Creeks Golf Group, LP And For The Mayor To Terminate The Water Sale Contract For Irrigation Uses No. 37458 With The Lower Colorado River Authority ("LCRA").

Movant: Councilmember Mitchell Second: Councilmember Fuller Vote: 6:0 with Councilmember Moore off dais during vote.

Resolution Number R91-10-02-25-F3

F.4 Consideration Of A Resolution Ratifying The Temporary Water Rate/Tariff Approval Provided To Aqua, Texas By The Texas Commission On Environmental Quality In Its December 8, 2009 Order And Consent To Aqua Texas To Continue Providing Service To Two Lots In The Indian Springs Subdivision.

Kenneth Wheeler, Assistant Director Utilities, stated the Texas Commission on Environmental Quality (“TCEQ”) named Aqua Utilities (“Aqua Texas”) as Temporary Manager for the Indian Springs Subdivision Utilities in August 10, 2009. At that time, Aqua Texas filed a Water Rate/Tariff Application with the TCEQ to charge temporary water rates to the Utilities, approved by the TCEQ in December 2009.

Aqua Texas filed a Sale, Transfer or Merger (“STM”) application with the TCEQ to allow Aqua Texas to acquire the Utilities. It was later determined that two lots, 3061 and 3101

City Council Minutes February 25, 2010 Page 9 of 13 Woodall Drive, within the Utilities are located within the corporate limits of the City. The City of Cedar Park is agreeable to ratifying the temporary rates imposed by Aqua Texas pursuant to the December 8, 2009 TCEQ order until Aqua Texas acquires the Utilities and imposes new proposed water rates pursuant to its next application for water rate/tariff change for Austin’s Southwest Region, or in the alternative, if Aqua Texas does not acquire the Utilities, until Aqua Texas is no longer Temporary Manager of the Utilities.

Motion to approve the Resolution Ratifying The Temporary Water Rate/Tariff Approval Provided To Aqua, Texas By The Texas Commission On Environmental Quality In Its December 8, 2009 Order And Consent To Aqua Texas To Continue Providing Service To Two Lots In The Indian Springs Subdivision.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 7:0

Resolution Number R92-10-02-25-F4

F.5 Consideration Of A Resolution Approving a Resolution of The City of Cedar Park Community Development Corporation Authorizing the Issuance of The City of Cedar Park Community Development Corporation Senior Lien Sales Tax Revenue Refunding Bonds, Series 2010; Approving a Paying Agent/Registrar Agreement, an Escrow Agreement and a Bond Purchase Agreement; Approving a Official Statement and Approving Other Matters Related Thereto.

Josh Selleck, Finance Director, addressed Council regarding the refinancing of their current outstanding revenue bonds.

Dan Wegmiller, Specialized Public Finance Inc., reviewed for Council the procedure for the issuance of the bonds, the amount, the sale of the bonds, and the bond rating. The rating was upgraded from AA to A which will result in an overall savings of 11.35%.

Carol Polumbo, McCall Parkhurst, addressed the Council regarding the documents related to the issuance.

Motion to approve the Resolution Approving a Resolution of The City of Cedar Park Community Development Corporation Authorizing the Issuance of The City of Cedar Park Community Development Corporation Senior Lien Sales Tax Revenue Refunding Bonds, Series 2010; Approving a Paying Agent/Registrar Agreement, an Escrow Agreement and a Bond Purchase Agreement; Approving a Official Statement and Approving Other Matters Related Thereto.

Movant: Councilmember Mitchell Second: Councilmember Dale Vote: 7:0

Resolution Number R93-10-02-25-F5

City Council Minutes February 25, 2010 Page 10 of 13

F.6 Consideration Of The Proposed Amendments To The Brushy Creek Regional Utility Authority Bylaws.(Fuller)

Councilmember Fuller reviewed the proposed amendments to the BCRUA Bylaws. The Board will now be comprised of six members, increased from three, and there will be two representatives from each city. There will now be succession planning and rotation of the office holders with a term of office. Each city will receive one vote.

Motion to approve the proposed amendments to the Brushy Creek Regional Utility Authority Bylaws.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 6:1 with Councilmember Caputo voting against.

F.7 Consideration Of Background Checks On Board Applicants. (Dale) Brenda Eivens, City Manager, stated this item had been placed on the Agenda upon the request of Councilmember Dale. Staff has researched other cities in the local area to determine if background checks were conducted. It was found not to be common practice in the local area.

Councilmember Dale addressed his reasoning behind the agenda item and providing due diligence on unknown board members.

General discussion followed regarding Council having the final authority for all financial decisions made by each board, volunteer aspects of board members, boards limited authority and exposure to financial aspects, and background histories.

No action taken.

F.8 Consideration For The Creation Of A Mayor's Ad Hoc Committee For A Planetarium/Science Center And Possible Appointments. (Lemon) Agenda Item F.8 called after Agenda Item E.1

Mayor Lemon requested this item to be placed on the Agenda. From interest in the community he would like to form an ad hoc committee to further evaluate the possibility of a planetarium/science center for Cedar Park. One representative from each board will be appointed to the board and the Mayor will serve as the Chair.

Citizen Communication:

Carol Edenfield, John Miri and Alan Runge addressed Council regarding their interest in serving on the committee. Each representative is from the educational field and/or has degrees and experience in the science area.

City Council Minutes February 25, 2010 Page 11 of 13 Motion to appoint Alain O’Tool (Tourism), Don Tracy (4A), Alan Runge, John Miri and Carol Edenfield to the Mayor’s Ad Hoc Committee for a Planetarium/Science Center.

Movant: Mayor Lemon Second: Mayor Pro Tem Powell Vote: 7:0

Mayor Lemon stated the would like a representative from the 4B Board and the Parks Board.

G.0 Executive Session:

G.1 Section § 551.071 (1) Consultation With Attorney Concerning Litigation. a. City of Cedar Park v. Steven T. Embrey and Cean M. Embrey, et al, Cause No. C-1-CV-08- 003946, County Court At Law No. 1 Travis County, Texas.

G.2 Section § 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. State Legislative Advisory Services. b. Sale Or Assignment Of A Portion Of The North Brushy Creek Wastewater Interceptor And Extension. c. Amendment To The Master Contract For The Financing, Construction, Ownership And Operation Of The Brushy Creek Regional Wastewater System. d. Legal Issues Concerning The Wastewater Services Agreement Between The Brazos River Authority, City Of Round Rock, City Of Cedar Park And The City Of Austin. e. Legal Issues Concerning A Noise Study For The Cedar Park Center. f. Legal Issues Concerning Zoning Ambulatory Surgical Services. g. Austin Steam Train Pertaining To The Legalities Of Taxation Of Municipal Leased Property.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 11:30 p.m.

City Council Minutes February 25, 2010 Page 12 of 13

Agenda Item G.2g

Motion to authorize and direct the City Manager to execute an allocation to the Williamson Central Appraisal District for an ad valorem tax exemption on city owned property leased by tax exempt Austin Steam Train.

Movant: Councilmember Mitchell Second: Councilmember Fuller Vote: 7:0

H.1 Mayor And Council Closing Comments. Mayor Pro Tem commented on the 75th anniversary of the LCRA.

Councilmember Caputo requested a future agenda item regarding logos on water towers.

Councilmember Fuller thanked Jose Madrigal for the smooth transition to Cedar Park Disposal for residential trash services.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 11:35 P.M.

PASSED AND APPROVED THIS 22ND DAY OF APRIL, 2010.

Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes February 25, 2010 Page 13 of 13

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, MARCH 11, 2010 AT 6:30 P.M.

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MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:31 p.m. All present.

A.2 Invocation. Mayor Lemon gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Citizens Communications. (Three Minutes Each. No Deliberations With Council) (Council May Respond With Factual Information). Gary Boyd, Williamson County, addressed Council regarding the EPA ground level ozone rules and the impact to Williamson County.

Charles Rogers, Cedar Park, addressed Council regarding the completion of sidewalks on Bagdad Road.

Maria Talamo, Cedar Park, announced her candidacy for Place Six on the Council and thanked Councilmember Caputo for his service.

City Council Minutes March 11, 2010 Page 1 of 10 A.5 Mayor and Council Opening Comments. Mayor Lemon wished his daughter a Happy 15th Birthday.

Councilmember Caputo commented on his recent trip to Washington DC and the meetings with Congressional representatives regarding the 1431 roadway project.

Councilmember Fuller commented on the Chamber of Commerce luncheon, Leadership Cedar Park and requested two agenda items for a presentation by the Williamson County Children’s Advocacy Center and a Proclamation for Military Appreciation Day.

Mayor Pro Tem Powell commented on the Washington DC trip.

Mayor Lemon also recognized former Mayor Denny and former Councilmember Janet Bartles.

A.6 City Manager Report: Review Of The Monthly Financial Report Through The Month Of January 2010 - Joshua C. Selleck, Director of Finance. Jose Selleck provided an update on the January 2010 Monthly Financial Report.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D. Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 7:0

B.1 Approval Of Council Minutes From The Meeting Of January 14, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Meeting Of January 15, 2010. Approved under the Consent Agenda.

B.3 Approval Of Council Minutes From The Meeting Of January 16, 2010. Approved under the Consent Agenda.

B.4 Approval Of Council Minutes From The Meeting Of January 19, 2010. Approved under the Consent Agenda.

B.5 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of January 19, 2010. Received under the Consent Agenda.

C.1 Z-09-023 Second Reading On An Ordinance To Rezone Approximately 1.3 Acres Of Land From General Office (GO) To General Retail (GR), Owned By Whitestone Medical Partners LP, Located At The Southeast Corner Of East Whitestone Boulevard and C-Bar Ranch Trail, In

City Council Minutes March 11, 2010 Page 2 of 10 Williamson County, Texas. (Z-09-023) The Planning And Zoning Commission Voted To Recommend Approval Of General Retail (GR) For This Tract. Approved under the Consent Agenda.

Ordinance Number Z25-10-03-11-C1

D.1 A Resolution Authorizing A Special Permit To Hold A Kids Triathlon At Milburn Park. Approved under the Consent Agenda.

Resolution Number R94-10-03-11-D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute An Agreement With Heart of Texas Landscape & Irrigation Co., Inc. For 2010 Landscape Maintenance Services. Approved under the Consent Agenda.

Resolution Number R95-10-03-11-D2

D.3 A Resolution Awarding Air Majic Services, Inc. The Contract For Replacement Of HVAC Units At City Hall, Fire Station #2, Fire Station #3 And Treasure Of The Hills Senior Center In The Amount Of $73,410. Approved under the Consent Agenda.

Resolution Number R96-10-03-11-D3

D.4 A Resolution Authorizing And Directing The City Manager To Execute A Professional Services Agreement With The Wallace Group For A Feasibility Study Of Discovery Blvd. Loop (US183 To Walton Way) In The Amount Of $20,000. Approved under the Consent Agenda.

Resolution Number R97-10-03-11-D4

D.5 A Resolution Authorizing And Directing The Mayor To Execute An Addendum To The Cedar Park Community Development Corporation Performance Agreement With Integrated Bank Technology, Inc. ("IBT") For An One Year Extension. Approved under the Consent Agenda.

Resolution Number R98-10-03-11-D5

PUBLIC HEARINGS E.1 First Reading And Public Hearing: No Items For Consideration.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

City Council Minutes March 11, 2010 Page 3 of 10 F.1 Consideration Of The Planning And Zoning Commission's Recommendation To Deny The Rezoning Request To Rezone Approximately 1.038 Acres Of Land From Planned Development (PD) To Local Retail (LR), Owned By Ozone Technology Inc., Located At The Northeast Corner Of North Lakeline Boulevard And West New Hope Drive, In Williamson County, Texas. (Z-09-019) A Supermajority Vote Of Six (6) Is Necessary To Overturn The Planning And Zoning's Denial. (Z-09-019 Second Reading On An Ordinance) Mayor Lemon reminded the audience about the process for this item. Staff will give a presentation, the applicant will follow, and then citizen comment will be taken. Once this is completed, Council will then discuss the item at which time all public input will end.

Amy Link, Senior Planner, stated the applicant has requested to rezone approximately 1.038 acres from Planned Development (PD) to Local Retail (LR), located at the northeast corner of North Lakeline Boulevard and West New Hope Drive. The Planning and Zoning Commission has recommended denial of the applicant’s request. A supermajority vote of six (6) of the City Council is required to overrule the recommendation for denial.

Ms. Link reviewed the uses allowed under the current PD zoning. Discussion followed regarding the LR zoning, limited hours of operation, corridor overlay standards, and setbacks.

Sam Roberts, Assistant City Manager, addressed the traffic concerns and students crossing the intersection of Lakeline and New Hope. Mr. Roberts briefly reviewed the major safety concerns which include red light runners, u-turns and right turns only from the proposed rezoning area.

Brian Vanderwalle, Traffic Engineer with Kimley Horn, addressed Council regarding the Lakeline and New Hope intersection. Mr. Vanderwalle reviewed the functions of the intersections, traffic counts, and the limited number of accidents reported in the past two years. The intersection is capable of handling higher traffic volumes and is designed to function as necessary.

Kristiana Alfsen and Tom Wolfe, representing the property owner and developer, addressed Council regarding the zoning request.

Citizen Comments: 1. Mike Uihlein - Cedar Park Against 2. Boyd Fay- Cedar Park Against 3. Charles Rogers - Cedar Park In Favor 4. Craig Bryant - Cedar Park Against 5. Mike McCloskey – Cedar Park Against 6. Jim Richardson – Cedar Park Against 7. Tim Magness – Cedar Park Against 8. Amanda Chase – Cedar Park Against 9. Christopher Francke – Cedar Park Against 10. Ann Richardson – Cedar Park Against 11. Cynthia Kawejsza – Cedar Park Against

City Council Minutes March 11, 2010 Page 4 of 10 12. Deborah James – Cedar Park Against 13. Kathy Uihlein – Cedar Park Against 14. Robert James – Cedar Park Against 15. Sarina Wise – Cedar Park Against 16. Maria Talamo – Cedar Park In Favor 17. Tani James – Cedar Park Against 18. Sonia Lofton – Cedar Park Against 19. Eddie Hurst – Cedar Park Against 20. Ed McCauley – Cedar Park Against 21. Lara Rentzsch – Cedar Park Against

The following citizens did not speak but registered their opposition to the rezoning request: Deborah Magness Ruth Freidberg Joseph Freidberg Elise Richardson Connie Gallaher Annetta Campbell Leslie Bell Mike Boismier Robin Horton Ellen McCauley Debi McCraw Gena Matthews Maribel Caballen Robert Sims John Gravis Cynthia Gravis Janet Crawford Mazie Coleman Kevin Rentzsch David James Holly Hillis Randy Wedlund

General Discussion followed:

Sam Roberts, Assistant City Manager, stated this is the first time the City has been made aware of any traffic concerns with the Lakeline/New Hope intersection. The City has always been committed to working with LISD to resolve any problems or issues involving student safety.

Councilmember Fuller stated he lives in Gann Ranch and is aware of the citizens concerns. He commented on continuing dialogues with LISD, infrastructure needs and mobility for the intersection. He recommends this item not being voted on tonight and further analysis being needed.

Councilmember Mitchell stated this intersection is designed to be a major arterial and can handle the traffic volumes. Consideration of this rezoning has not been based on dollars or cents. He stated the school district decides where to place schools and the City addresses traffic. He stated further analysis is needed in order to mitigate resolving the issues and problems with the traffic concerns.

Mayor Pro Tem Powell commented on the interaction with LISD. This is a unique intersection with unique issues. He stated further discussions with LISD regarding traffic, crossing guards and a possible “no-walk” zone should be addressed. Mayor Pro Tem Powell did spend time at the intersection during the morning school hours and commented on his observations.

City Council Minutes March 11, 2010 Page 5 of 10 Councilmember Dale stated New Hope Road definitely needs to be fixed and improved. He commented on the role of the Planning and Zoning Commission and stated the LR request is appropriate for the area. He offered to meet with LISD to further pursue options for student safety.

Councilmember Moore commented on the citizen input process and stated he is conflicted with the item.

Councilmember Caputo stated the zoning needs to be consistent, and the area immediately adjacent to the proposed rezoning is currently zoned LR. He commented on the other congested school intersections in Cedar Park and students crossing those intersections. He addressed the general zoning issues as opposed to traffic patterns and school locations.

Motion to table the item until the March 25th meeting and pursue further discussions with Leander Independent School District (“LISD”).

Movant: Councilmember Fuller Second: Councilmember Mitchell Vote: 6:1 with Mayor Lemon voting against.

F.2 Consideration To Adopt The Articles Of Amendments To The Articles Of Incorporation Of The Brushy Creek Regional Utility Authority. (Fuller) Councilmember Fuller stated the amendments are housekeeping in nature and also changes the board from three members to six members.

Motion to adopt the Articles of Amendments to the Articles of Incorporation of the Brushy Creek Regional Utility Authority.

Movant: Councilmember Fuller Second: Councilmember Dale Vote: 7:0

F.3 Consideration For The Selection Of The Veterans Memorial Monument. Bob Carter, Veterans Memorial Citizen Advisory Group, addressed Council regarding the Art Selection Committee. From the five finalists, the Committee recommends the following pieces in order of preference: (1) “Honor for All” by Gregory Beck (Fort Worth), (2) Piece by John Jagger (Cedar Park) and (3) Piece by Bob Coffee (Austin). General discussion followed regarding the specific features and attributes of the three recommendations, the number of citizen responses received, the Committee’s overall recommendation, and Councils’ preferences. Motion to select the rendering from Bob Coffee as the Veterans Memorial for Veterans Memorial Park.

Movant: Councilmember Fuller Second: Mayor Pro Tem Powell

City Council Minutes March 11, 2010 Page 6 of 10 Vote: 3:4 Motion fails, with Mayor, Councilmembers Mitchell, Moore and Caputo voting against.

Discussion followed regarding the recommendation of the advisory group and preference number one.

Motion to approve preference number one by Gregory Beck as the Veterans Memorial for Veterans Memorial Park, to include representation of women in the armed forces, incorporation of the ribbon concept for the final design and possible modifications.

Movant: Councilmember Caputo Second: Councilmember Moore Vote: 7:0

F.4 Consideration Of Military Appreciation Night On April 3, 2010 At The Texas Stars Game. (Fuller) Councilmember Fuller provided an update on the activities planned for Military Appreciation Night and the events planned for during the day.

No action taken.

F.5 Consideration Of Logos On The Cedar Park Elevated Storage Tank At The Corner Of Anderson Mill Road And Cypress Creek Road. (Caputo) Councilmember Caputo had requested this item to be placed on the Agenda. There are many towns or cities that incorporate the high school logo on the water towers. Councilmember Caputo inquired since the water tower is being built and assembled adjacent to Cedar Park High School is it possible to use the Timberwolves logo.

Sam Roberts, Assistant City Manager, addressed the Council regarding the placement of logos on the water tower. Cedar Park High School has asked that only the picture of the Timberwolves logo be placed on the tower and not any wording. The logo is only the picture of the wolf and not the high school name or mascot name.

General discussion followed regarding the city logo and the Timberwolves logo being placed on the water tower, confusion with no wording on the tower, multiple high schools in Cedar Park, branding concepts and recognition of City of Cedar Park logo.

Motion to place Option #1 with the City’s logos on both sides of the water tower.

Movant: Mayor Pro Tem Powell Second: Councilmember Dale Motion withdrawn

City Council Minutes March 11, 2010 Page 7 of 10 Motion to place the City’s logo on the side of the water tower facing away from the school and the Cedar Park High School logo on the side facing the school with the caveat that an identifier must be used for the school and if denied by the school then the two logos will be City logos.

Movant: Mayor Pro Tem Powell Second: Councilmember Dale Vote: 6:1 with Councilmember Moore voting against.

F.6 Consideration Regarding The City Of Cedar Park Replying To The Request For Information From Google For Possible Deployment Of Ultra-High Speed Broadband Network. Jose Madrigal, Assistant City Manager, addressed the Council regarding Google’s request for information regarding the possible deployment of ultra-high speed broadband network. In order for a community to be considered for selection Google has requested that the community replies to their request for information (RFI). The RFI requests information by asking 29 questions.

Citizen Comment:

Michael Chaney, Cedar Park, asked for Council to support the submittal of the RFI.

Motion to direct staff to complete and submit the Request for Information from Google for deployment of an ultra-high speed broadband network.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 7:0

F.7 Consideration Of Appointments To The Mayor's Ad Hoc Committee For A Planetarium/Science Center. (Lemon) Mayor Lemon commented on additional appointments to the Planetarium/Science Center Ad Hoc Committee.

Motion to appoint Audrey Wernecke (4B Board) and Mike Tangorra (Parks Board), pending ratification from the Parks Board, to the Ad Hoc Committee.

Movant: Mayor Lemon Second: Councilmember Mitchell Vote: 7:0

City Council Minutes March 11, 2010 Page 8 of 10 G.0 Executive Session:

G.1 Section § 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. State Legislative Advisory Services. b. Sale Or Assignment Of A Portion Of The North Brushy Creek Wastewater Interceptor And Extension. c. Amendment To The Master Contract For The Financing, Construction, Ownership And Operation Of The Brushy Creek Regional Wastewater System. d. Legal Issues Concerning The Wastewater Services Agreement Between The Brazos River Authority, City Of Round Rock, City Of Cedar Park And The City Of Austin. e. Sales Tax Allocations And Payments. f. Legal Issues Concerning The Lease And Development Agreement Between The City Of Cedar Park And Hicks Cedar Park LLC.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 11:10 p.m.

Agenda Item G.1A

Motion to retain the services of Hillco Partners for State Legislative Advisory Services.

Movant: Councilmember Fuller Second: Councilmember Moore Vote: 7:0

H.1 Mayor And Council Closing Comments. Councilmember Dale requested a future agenda item regarding Williamson County road bond funds and reallocation.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 11:15 p.m.

PASSED AND APPROVED THIS 13TH DAY OF MAY, 2010.

______Robert S. Lemon Mayor

City Council Minutes March 11, 2010 Page 9 of 10

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes March 11, 2010 Page 10 of 10

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, MARCH 25, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:33 p.m. Councilmember Moore absent from meeting, all others present.

A.2 Invocation. Invocation given by Maria Talamo.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

Agenda Item F.1 called after the Pledges of Allegiance.

A.4 Presentation: Proclamation Honoring Military Appreciation Night On April 3, 2010. (Fuller) Councilmember Fuller, with Commissioner Long, read a Proclamation in honor of Military Appreciation Night on April 3, 2010.

A.5 Citizens Communications. (Three Minutes Each. No Deliberations With Council) (Council May Respond With Factual Information)

Claudette Uranga, Cedar Park, addressed Council regarding the mailbox relocation on Mt. Rushmore.

City Council Minutes March 25, 2010 Page 1 of 8 Amanda Dewey, Cedar Park, addressed Council regarding the mailbox relocation on Mt. Rushmore.

Sharon Krienke, Cedar Park, stated citizens with post office boxes do not receive the census by mail and inquired where she can find the forms.

Mike McCloskey, Census Counts Committee, updated Council on the Census activities, where to locate forms, and encouraged all citizens to participate and mail in.

A.6 Mayor and Council Opening Comments. Councilmember Fuller commented on the La Quinta ribbon cutting and the 183A extension ground breaking.

Councilmember Dale commented on the La Quinta opening, 183A extension and the Boy Scouts in attendance at the meeting.

Mayor Lemon welcomed Terry Hudson and Boy Scout Troop 158 to the meeting.

A.7 City Manager Report: Recognition Of Service With The City Of Cedar Park. i. Penny Ewell, City Manager Office, Ten Years Of Service. Withdrawn from Agenda.

ii. Sgt Phil Townsend, Police Department, Twenty Five Years Of Service. Chief Henry Fluck, Police Department, presented Sgt. Townsend with a plaque in recognition of twenty five years of service with the Cedar Park Police Department.

A.8 City Manager Report: City Of Cedar Park In Conjunction With The Lower Colorado River Authority (LCRA) Toilet Replacement Program. Katherine Woerner, Assistant to the City Manager, addressed Council regarding the toilet replacement program. This is a pilot program for LCRA and they will fund the replacement of 1600 toilets. There will be no cost to the City other than outreach and publicity. Ms. Woerner briefly reviewed the specifics of the program.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Councilmember Fuller Second: Councilmember Mitchell Vote: 6:0 with Councilmember Moore absent from meeting.

B.1 Approval Of Council Minutes From The Meeting Of January 28, 2010. Approved under the Consent Agenda

City Council Minutes March 25, 2010 Page 2 of 8 C.0 Second Reading Of An Ordinance: No Items For Consideration.

D.1 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board For Funding The Neighborhood Park Improvement Program For $26,000. Approved under the Consent Agenda

Resolution Number R99-10-03-25-D1

D.2 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board For Funding The Nelson Ranch Park Improvement Project to be located at 905 Nelson Ranch Road, Cedar Park, Texas. Approved under the Consent Agenda

Resolution Number R100-10-03-25-D2

D.3 A Resolution Authorizing A Special Permit To Hold A 5K Fun Run At Brushy Creek Lake Park. Approved under the Consent Agenda

Resolution Number R101-10-03-25-D3

D.4 A Resolution Authorizing And Directing The Mayor To Execute The 2010 NIMS Compliance Assistance Support Tool/ Texas Regional Response Network (NIMSCAST/TRRN) Certification. Approved under the Consent Agenda

Resolution Number R102-10-03-25-D4

D.5 A Resolution Authorizing And Directing The City Manager To Execute A Professional Services Contract For The Transportation Energy Efficiency Grant/Traffic Signal Synchronization Project With Kimley-Horn And Associates. Approved under the Consent Agenda

Resolution Number R103-10-03-25-D5

PUBLIC HEARINGS

E.1 First Reading And Public Hearing: No Items For Consideration.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration And Action With Respect To An Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas Combination Tax And Revenue Certificates Of Obligation, Series 2010; Authorizing The Levy Of An Ad Valorem Tax And The Pledge Of Certain Revenues In Support Of The Certificates; Approving An Official Statement, A Paying Agent/Registrar Agreement,

City Council Minutes March 25, 2010 Page 3 of 8 And Other Agreements Related To The Sale And Issuance Of The Certificates; And Authorizing Other Matters Related To The Issuance Of The Certificates. Agenda Item F.1 called after Agenda Item A.3

Dan Wegmiller, Specialized Public Finance, and Carol Polumbo, McCall Parkhurst, addressed Council regarding the bond issuance. The issuance will be for $5.6M at a rate of 2.61%. This rate represents the lowest ever.

Motion to approve the Ordinance Authorizing The Issuance Of City Of Cedar Park, Texas Combination Tax And Revenue Certificates Of Obligation, Series 2010; Authorizing The Levy Of An Ad Valorem Tax And The Pledge Of Certain Revenues In Support Of The Certificates; Approving An Official Statement, A Paying Agent/Registrar Agreement, And Other Agreements Related To The Sale And Issuance Of The Certificates; And Authorizing Other Matters Related To The Issuance Of The Certificates.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 6:0 with Councilmember Moore absent from meeting.

Ordinance Number I26-10-03-25-F1

F.2 Consideration Of The Planning And Zoning Commission's Recommendation To Deny The Rezoning Request To Rezone Approximately 1.038 Acres Of Land From Planned Development (PD) To Local Retail (LR), Owned By Ozone Technology Inc., Located At The Northeast Corner Of North Lakeline Boulevard And West New Hope Drive, In Williamson County, Texas. (Z-09-019) A Supermajority Vote Of Six (6) Is Necessary To Overturn The Planning And Zoning Commission’s Recommendation of Denial. (Z-09-019 Second Reading On An Ordinance) Mayor Lemon inquired if the applicant would like to table the item since a full Council was not present. Kristiana Alfsen, applicant representative, stated the applicant would like to proceed with the item.

Brenda Eivens, City Manager, stated staff had met with LISD regarding the safety of students at the intersection of Lakeline and New Hope. LISD performed an analysis and did not deem the intersection to be hazardous and the scoring criteria did not meet the standards to implement a no-walk zone.

Kristiana Alfsen addressed Council regarding the traffic concerns brought up at the March 11th meeting.

Aaron Gill, developer representative, addressed the Council regarding zebra striping of the intersection, caution signs, permanent trash receptacles to minimize traffic and lighting for the proposed development.

Citizen Comment: Jim Richardson, Cedar Park, stated the local HOA is in favor of the proposed arrangements to maximize the safety of the school children.

City Council Minutes March 25, 2010 Page 4 of 8 Amanda Chase, Cedar Park, is opposed to the rezoning. Chris Chase, Cedar Park, is opposed to the rezoning. Debbie Magness, Cedar Park, is opposed to the rezoning. Tim Magness, Cedar Park, is opposed to the rezoning. Ed McCauley, Cedar Park, is opposed to the rezoning. Charles Rogers, Cedar Park, is in favor of the rezoning. Sarian Wise, Cedar Park, is opposed to the rezoning. Leslie Bell, Cedar Park, is opposed to the rezoning. Chris Francke, Cedar Park, is opposed to the rezoning. Dan Boehm, Cedar Park, is opposed to the rezoning. Maria Talamo, Cedar Park, is in favor of the rezoning. Kevin Rentzsch, Cedar Park, is opposed to the rezoning.

General Discussion followed:

Mayor Pro Tem Powell addressed the meetings held with local residents, staff and LISD. The intersection concerns have now been brought to the attention of the City and the expansion of New Hope Road will be addressed. After the school analysis on the intersection and efforts to be made by the City and the developer, Mayor Pro Tem believes this to be a good compromise.

Councilmember Fuller addressed the dialogue with LISD regarding student safety, the level of awareness and identification of issues, mobility of vehicles in the area, and addressing safety issues of students. CM Fuller also commented on the City working with LISD on a plan of action.

Councilmember Mitchell commented on the consideration of safety issues and the development of the area.

Mayor Lemon stated staff has recommended approval of the rezoning based on the analysis of the Comprehensive Plan. The zoning request is a proper request for the area. Due to citizens concerns, City Staff and LISD did further analysis on the area and it has been deemed not to be a hazardous intersection based on the criteria. He commented on the zoning principles in addition to addressing safety issues.

Councilmember Dale commented on the meeting with LISD and stated the school will send letters to parents of students impacted by the intersection to remind them of student safety. The City and LISD will address the issues brought forward by the citizens. CM Dale also addressed New Hope Road and the problems with road.

Councilmember Caputo commented on the zoning classification of the adjacent property to the proposed rezoning area, the scoring matrix of new roads, maintenance of older roads having a higher valuation or priority on the scoring matrix, the use of drainage areas being used for practice fields and the issue of safety versus zoning classifications.

City Council Minutes March 25, 2010 Page 5 of 8 Motion to overturn the Planning & Zoning Commission’s recommendation of denial and approve the request to rezone approximately 1.038 acres of land from Planned Development (PD) To Local Retail (LR).

Movant: Councilmember Fuller Second: Mayor Pro Tem Powell Vote: 6:0 with Councilmember Moore absent from meeting.

Ordinance Number Z27-10-03-25-F2

F.3 Consideration Of Joint Meeting With The Public Arts Board On April 15, 2010. Agenda Item F.3 called after Agenda Item F.5

Brenda Eivens, City Manager, stated due to scheduling conflicts the joint meeting between Council and the Arts Advisory Board will possibly be held on April 29th.

No action taken.

F.4 Consideration Of Williamson County Road Bond Funds And Possible Reallocation. (Dale) Councilmember Dale requested for this item to be placed on the Agenda. There is a $30M surplus identified by Williamson County. The City needs to participate in the process and determine if there are any possible projects that can be considered for funding.

Brenda Eivens, City Manager, addressed Brushy Creek Road East, County Road 185 and New Hope Road.

Sam Roberts, Assistant City Manager, addressed six projects that included RM 1431 (CR 185 to Sam Bass), New Hope Road (Bagdad to Lakeline), New Hope Road (CR 185 to Sam Bass), Bagdad Road (1431 to Kettering), Anderson Mill Road (Lime Creek to RM1431), and Little Elm Trail (gap section).

General discussion followed regarding the submission of projects, prioritizing projects, not submitting developer roads, the CAMPO 2035 plan, and non-attainment issues.

Motion to submit to Williamson County for consideration of the County’s Comprehensive Road Bond Program (1) RM 1431 between CR 185 and Sam Bass Road – Environmental Assessment, (2) RM 1431 between CR 185 and Parmer Lane – Engineering Design and (3) RM 1431 between Sam Bass Road and Interstate – Environmental Assessment and Engineering Design, and also for RM 1431 to take priority over SH29 and for Little Elm Trail not to be submitted.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 6:0 with Councilmember Moore absent from meeting.

City Council Minutes March 25, 2010 Page 6 of 8 F.5 Consideration To Prohibit U-Turns At Lakeline Drive And New Hope Road Intersection And Local Area. (Powell) Agenda Item F.5 called after Agenda Item F.2

Mayor Pro Tem Powell asked for this item to be placed on the Agenda. He inquired if the City can place no U-Turn signs at the intersection of Lakeline Drive and New Hope. He also supports the right turn only out of the parking lot of the property proposed for future development.

Brenda Eivens, City Manager, stated the City does have the ability to place signage.

General discussion followed regarding prohibiting u-turns, raised medians, and warrant criteria.

Mayor Pro Tem Powell and Councilmember Fuller support new signage being installed now and also for it consideration to be given in future design of the road.

Sam Roberts, Assistant City Manager, stated staff will evaluate the entire intersection for such sign and limitations.

G.0 Executive Session:

G.1 Section § 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning The Annexation Of The Ranch at Cypress Creek. b. Legal Issues Concerning The Wastewater Services Agreement Between The Brazos River Authority, City Of Round Rock, City Of Cedar Park And The City Of Austin. c. Legal Issues Concerning The Lease And Development Agreement Between The City Of Cedar Park And Hicks Cedar Park LLC. d. Legal Issues Regarding The Interlocal Agreement Regarding Due Diligence Services For The Deep Water Intake Site.

G.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Acquisition Of Parkland.

The Council Reconvenes into General Session.

City Council Minutes March 25, 2010 Page 7 of 8 OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 10:02 p.m.

No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Mayor Pro Tem Powell congratulated Landon Wilson, Texas Stars, for winning the American Hockey League Man of the Year Award.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 10:08 p.m.

PASSED AND APPROVED THIS 13TH DAY OF MAY, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes March 25, 2010 Page 8 of 8

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, APRIL 8, 2010 AT 6:30 P.M.

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MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Charles Rowland, City Attorney, called the meeting to order at 6:32 p.m. and declared a quorum. Mayor Lemon and Mayor Pro Tem Powell absent from meeting at the time of Call to Order. Mayor Pro Tem Powell arrived at 7:05 p.m. All others present.

Councilmember Mitchell motioned to appoint Councilmember Caputo as the presiding officer. Seconded by Councilmember Fuller. Vote: 5:0 with Mayor Lemon and Mayor Pro Tem Powell absent from meeting.

A.2 Invocation. Councilmember Fuller gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Proclamation Recognizing April 22, 2010 As Earth Day And To Announce The City's "Great To Be Green" Event.

City Council Minutes April 8, 2010 Page 1 of 8

Councilmember Caputo presented Yvonne Lane, Grants Coordinator, with a Proclamation recognizing April 22, 2010 as Earth Day. Ms. Lane informed Council of the events being held at the Recreation Center in honor of Earth Day.

A.5 Presentation: Proclamation Recognizing April 11-17, 2010 As National Library Week And April 13, 2010 As National Library Workers Day. Councilmember Fuller presented Pauline Lam, Library Director, with a Proclamation in recognition of National Library Week and National Library Workers Day.

A.6 Presentation: Proclamation Recognizing National Crime Victims' Rights Week April 18 - 24, 2010. Councilmember Mitchell presented Chief Henry Fluck, Nesi Lillard, Crime Victims Coordinator and representatives from the Police Department with a Proclamation in recognition of National Crime Victim’s Rights Week.

A.7 Presentation: Proclamation Recognizing National Public Safety Telecommunications Week April 11 - 17, 2010. Councilmember Moore presented Chief Henry Fluck, Sara Wright, Communications Staff Manager, and representatives from the Police Department with a Proclamation in recognition of National Public Safety Telecommunications Week.

A.8 Presentation: Proclamation Recognizing National Animal Control Appreciation Week, April 11 - April 17, 2010. Councilmember Dale presented Chief Henry Fluck, and representatives from the Police Department and Animal Control with a Proclamation in recognition of National Animal Control Appreciation Week.

A.9 Citizens Communications: (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Roland Krienke, Cedar Park, invited all the citizens of Cedar Park to visit his ranch to view and take pictures of the bluebonnets.

Claudette Uranga, Cedar Park, addressed Council regarding the location of the cluster mail boxes off Park Street.

Amanda Dewey, Cedar Pak, addressed Council regarding the location of the cluster mailboxes off Park Street.

A.10 Mayor and Council Opening Comments.

Councilmember Dale congratulated Mayor Pro Tem Powell on the recent arrival of his daughter. He also commented on the recent promotion of a new Corporal at the Police Dept., Military Appreciation Night, the Parks Eggstravaganza and thanked the Chamber of Commerce for the Candidate Forum.

City Council Minutes April 8, 2010 Page 2 of 8

Councilmember Moore commented on Leadership Cedar Park and Criminal Justice Day.

Councilmember Captuo commented on the Junior City Council program and thanked Katherine Woerner for putting together a successful program. He also requested a future agenda item to receive an update on OPEB.

Councilmember Mitchell commented on the Household Hazardous Waste event and on the recent passing of a Judge in Caldwell County.

Note: Mayor Pro Tem Powell arrived at the meeting at 7:05 p.m.

Councilmember Fuller commented on the Envision Central Texas event and also on Military Appreciation Day.

Mayor Pro Tem Powell welcomed his new daughter Lark LeClair Powell who arrived on April 6th and just came home today. He stated he would not be able to stay for the entire meeting.

Mayor Pro Tem Powell moved to the Presiding Officer’s seat and proceeding as Presiding Officer of the meeting.

A.11 City Manager Report: Recognition Of Service With The City Of Cedar Park. i. Penny Ewell, City Manager Office, Ten Years Of Service. Brenda Eivens, City Manager, presented Penny Ewell with a plaque in recognition of ten years of service with the City of Cedar Park.

A.12 City Manager Report: Review Of The Monthly Financial Report Through The Month Of February 2010 - Joshua C. Selleck, Director of Finance. Josh Selleck, Finance Director, reviewed the Monthly Financial Report from February 2010.

Councilmember Dale inquired about performance indicators and efficiencies with meeting the core responsibilities of each department.

A.13 City Manager Report: Update On The Upcoming Cedar Park Public Library Activities Including the Photo Contest, Indoor Concert, Summer Reading Program And Fable Fest - Pauline Lam, Library Director. Pauline Lam, Library Director, updated Council on the current activities for the Cedar Park Public Library.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

City Council Minutes April 8, 2010 Page 3 of 8

Mayor Pro Tem Powell removed Agenda D.2 from the Consent Agenda

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D, excluding Agenda Item D.2

Movant: Councilmember Fuller Second: Councilmember Moore Vote: 6:0 with Mayor Lemon absent from meeting.

B.1 Approval Of Council Minutes From The Meeting Of February 11, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Meeting Of February 18, 2010. Approved under the Consent Agenda.

B.3 Receipt Of The Tourism Advisory Board Minutes From The Meeting Of February 12, 2010. Received under the Consent Agenda.

C.0 Second Reading Of An Ordinance: No Items For Consideration.

D.1 A Resolution For City Acceptance Of Silverado Phase B Section 6 Subdivision Improvements. Approved under the Consent Agenda.

Resolution Number R104-10-04-08-D1

D.2 A Resolution Awarding The Construction Bid For The Brushy Creek Road And South Cougar Avenue Construction Project To Cash Construction, Inc. For $500,061.50 Removed from the Consent Agenda by Mayor Pro Tem Powell. Mayor Pro Tem Powell asked for this item to be removed from the Consent Agenda due to the size of the project and also for citizen inquiries that had been received. He asked for a brief review of the project.

Emily Truman, Project Manager, stated this item is related to the construction of Fire Station #1 located at the northwest corner of Brushy Creek Road and South Cougar Avenue. The addition of heavy truck traffic associated with the operation of the fire station will require reconstruction of the two roadways adjacent to the site. Town Meetings were conducted to inform citizens of the road closures associated with the construction of the building, the improvements to the road and also drainage concerns.

Motion to approve the Resolution awarding the construction bid for the Brushy Creek Road and South Cougar Avenue construction project to Cash Construction.

Movant: Councilmember Fuller Second: Councilmember Mitchell Vote: 6:0 with Mayor absent from meeting. City Council Minutes April 8, 2010 Page 4 of 8

Resolution Number R105-10-04-08-D2

D.3 A Resolution Authorizing And Directing The City Manager To Execute A Contract For Public Affairs Consulting Services With Hillco Partners. Approved under the Consent Agenda.

Resolution Number R106-10-04-08-D3

PUBLIC HEARINGS E.1 Public Hearing And Consideration To Approve A Resolution Amending The Fiscal Year 2009- 10 Operations And Maintenance Budget By Appropriating $519,700 In The Grants/Restricted Fund For The Energy Efficiency Community Block Grant; By Appropriating $86,000 The Hidden Valley Rental Fund For Structure Repairs; By Appropriating $10,596,000 In The Utility Fund For The Utility Fund Transfer To The Capital Improvements Budget. Josh Selleck, Finance Director, stated this item is related to three amendments to the FY2010 budget. The first amendment is for the Grant/Restricted Fund, revenues and expenditures which will increase by $519,700 for grants awarded but not budgeted. The second will be for the Hidden Valley Rental Fund. The adopted budget included $70,000 for maintenance, repairs and/or demolition of the properties located on Fire Lane. The last amendment is to the Utility Fund, This amendment will increase the Utility Fund budget by $10,596,000 to reflect the approved inter-fund transfer to the CIP.

Mayor Pro Tem Powell opened the Public Hearing No Citizen Comment. Mayor Pro Tem Powell closed the Public Hearing

Motion to approve the Resolution amending the Fiscal Year 2010 Operations And Maintenance Budget By Appropriating $519,700 In The Grants/Restricted Fund For The Energy Efficiency Community Block Grant; By Appropriating $86,000 The Hidden Valley Rental Fund For Structure Repairs; By Appropriating $10,596,000 In The Utility Fund For The Utility Fund Transfer To The Capital Improvements Budget.

Movant: Councilmember Caputo Second: Councilmember Moore Vote: 6:0 with Mayor Lemon absent from meeting.

Resolution Number R107-10-04-08-E1

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration To Approve A Resolution Authorizing And Directing The City Manager To Execute A Purchase Order With BRD Noise & Vibration Control, Inc. For The Hushcore

City Council Minutes April 8, 2010 Page 5 of 8

Standard Noise Reduction Systems For Air-Cooled Chillers And Condensing Units At The Cedar Park Center In The Amount Of $41,374. Emily Truman, Project Engineer, stated this item is for the purchase of noise reducing blankets in order to reduce noise emitted by the air conditioner chillers located at the rear of the Cedar Park Center (CPC).

Mayor Pro Tem stated this purchase was being taken out of the remaining funds for the Cedar Park Center.

Motion to approve the Resolution to authorize the purchase from BRD Noise & Vibration Control, Inc. For The Hushcore Standard Noise Reduction Systems For Air-Cooled Chillers And Condensing Units At The Cedar Park Center In The Amount Of $41,374.

Movant: Councilmember Caputo Second: Councilmember Fuller Vote: 6:0 with Mayor Lemon absent from meeting.

Resolution Number R108-10-04-08-F1

F.2 Consideration Of Funding Opportunities Under The Texas Department Of Transportation Pass- Through Toll Financing Program. Sam Roberts, Assistant City Manager, addressed Council regarding TxDOT’s announcement for a Call For Projects through a competitive funding program called Pass- Through Toll Financing (PTT). The PTT Financing program is a means for local jurisdictions to accelerate mobility and safety improvement projects that are on the state highway system. This Call has a total statewide budget of $300 million. Applications for this Call are due to the TxDOT District Office by May 11, 2010.

Mr. Roberts reviewed the reimbursement costs related to construction costs and the process and negotiations associated with the reimbursement program.

Potential projects in Cedar Park include (1) RM 1431 from CR 185 (Cottonwood Creek) to Sam Bass Road, (2) RM 1431 from Parmer Lane to Sam Bass Road and (3) RM 1431 from Bagdad Road to Anderson Mill Road.

General discussion followed regarding the possible projects, safety improvement projects, and possible submission of projects in a coordinated effort with Williamson County.

No action taken.

F.3 Consideration Of A Resolution Authorizing And Directing The City Manager To Negotiate And Execute An Agreement With B & O Construction For Renovations To The Fire Department Houses At 1202 And 1300 Fire Lane In The Amount Of $86,000.

City Council Minutes April 8, 2010 Page 6 of 8

Josh Selleck, Finance Director, stated this item is in relation to the budget amendment just authorized. This item is for the repair of the two Fire Department training facilities located at the CPFD Training Complex on Fire Lane.

Motion to approve the Resolution Authorizing An Agreement With B & O Construction For Renovations To The Fire Department Houses At 1202 And 1300 Fire Lane In The Amount Of $86,000.

Movant: Councilmember Caputo Second: Councilmember Dale Vote: 6:0 with Mayor Lemon absent from meeting.

Resolution Number R109-10-04-08-F3

Council convened into Executive Session at 8:02 p.m. Mayor Pro Tem Powell adjourned from the meeting.

G.0 Executive Session:

G.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 8:59 p.m. with Councilmember Caputo as Presiding Officer.

No action taken on any item discussed in Executive Session.

City Council Minutes April 8, 2010 Page 7 of 8

H.1 Mayor And Council Closing Comments. Councilmember Dale asked for a 30 day notice to be sent prior to the closing of roads near Heritage Park that may impact businesses in the area of the Library and Discovery Business Park.

H.2 Adjournment. Councilmember Caputo adjourned the meeting at 9:01 p.m.

PASSED AND APPROVED THIS 3RD DAY OF JUNE, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes April 8, 2010 Page 8 of 8

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, APRIL 22, 2010 AT 6:30 P.M.

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MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:36 p.m. Councilmember Caputo arrived at 6:43 p.m. All Council present.

A.2 Invocation. Joe Elliott, Northwest Fellowship Church, gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Proclamation Honoring National Day Of Prayer May 6, 2010: Joe Elliott, Youth/College Pastor - Northwest Fellowship Church. Mayor Lemon presented Joe Elliott with a Proclamation in recognition of National Day of Prayer.

A.5 Presentation: Proclamation Honoring The 20th Anniversary Of Treasure Of The Hills Senior Center. Mayor Lemon presented representatives from Treasure of the Hills Senior Center with a Proclamation in recognition of the 20th Anniversary of the Center.

City Council Minutes April 22, 2010 Page 1 of 13 A.6 Presentation: Report From The Williamson County Children's Advocacy Center. (Fuller) Brenda Staples, Executive Director, reviewed the Advocacy Center function and core services offered to Williamson County and the City of Cedar Park.

Note: Councilmember Caputo arrived during the presentation.

A.7 Presentation: Leander Independent School District ("LISD") Early Childhood Programs Report: Mary Caputo, LISD. Mary Caputo, LISD, addressed Council regarding the importance of Early Childhood Programs and the current programs offered by LISD.

A.8 Presentation: Comprehensive Annual Financial Report ("CAFR") For The Period Ended September 30, 2009 - Josh Selleck, Finance Director. Michael Firth, Lott Vernon, addressed Council regarding the CAFR and briefly highlighted areas in the report.

A.9 Presentation: Tourism Advisory Board Quarterly Report - Melanie Carr. Melanie Carr, Media and Communications Manager, provided the quarterly report on the activities of the Tourism Advisory Board and the tourism program.

Harold Dean, Cedar Park Chamber of Commerce, updated Council with a report on the tourism services provided by the Chamber.

A.10 Citizens Communications: (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) James Crabtree, Leander, stated a new American Legion Post has been formed in Cedar Park and will be known as the Vernon Morris Post 911. This is a proud accomplishment for the area and the Post is seeking new members.

Richard Carroll, Cedar Park, updated Council on the activities planned for the Cedar Park Public Library.

Tom Balestiere, Cedar Park, introduced himself to Council and is interested in being appointed to the Planning and Zoning Commission.

Amanda Dewey, Cedar Park, addressed Council regarding the cluster mailboxes.

A.11 Mayor and Council Opening Comments. Mayor Lemon commented on the Planetarium Ad Hoc Committee traveling to a planetarium/observatory. He also congratulated the Texas Stars for their wins.

Councilmember Caputo congratulated the Texas Stars and thanked Cedar Park Regional Medical Center for their care during a recent emergency room visit.

City Council Minutes April 22, 2010 Page 2 of 13 Councilmember Dale congratulated the Parks Department for a successful Heritage Festival, and congratulated the new American Legion Post in Cedar Park. He also commented on the Brushy Creek Road Project Open House and message boards.

Councilmember Moore congratulated American Legion Post 911 and commented on the recent Brushy Creek Regional Utility Authority meeting.

Councilmember Mitchell commented on the CAPCOG meeting last week and commended the Fire Department for the fast response on a recent fire call.

Councilmember Fuller commented on the Gambler Guns in attendance at events at the CPC, the BCRUA meeting, thanked Chief Connealy for his leadership and the Mayor for his role with the Planetarium Ad Hoc Committee.

Mayor Pro Tem Powell commented on his recent experience with CPRMC and the birth of his daughter. He reflected on the 4A/4B involvement with bringing the hospital to Cedar Park and what a great asset and employer it is to the community.

A.12 City Manager Report: Update On Pedernales Electric Cooperative And City Utility Coordination Projects - Darwin Marchell, Engineering Director. Withdrawn from the Agenda.

A.13 City Manager Report: Update On The Cedar Park Skate Park, Rosemary Denny Park Rehabilitation And Veterans Memorial Park, Phase 2 - Curt Randa, Parks And Recreation Director. Curt Randa, Parks Director, and James Hemenes, Assistant Parks Director, provided updates on the current construction projects being overseen by the Parks Department.

A.14 City Manager Report: March 2010 Permit Activity & Revenue Report - Mark Lewis, Director of Building Inspections. Mark Lewis, Building Inspections Director, updated Council on the March 2010 permit report.

A.15 City Manager Report: Update On The Relocation Of Mailboxes On E. Park Street. (Mitchell) Brenda Eivens, City Manager, reviewed the E. Park Street improvements. Due to the current sidewalks being out of ADA compliance, the sidewalks are being re-engineered and updated. As a result, the mailboxes currently located on E. Park Street need to be relocated. The City of Cedar Park sent eight relocation sites to the Post Office for review. The Post Office holds sole responsibility and decides the site of the mailboxes. The cost of the new sidewalks were included in the City’s cost of the reconstruction of E. Park Street. Ms. Eivens briefly reviewed the selection criteria as set forth by the Post Office. She stated the Post Office did review all the sites and also determines the method of service and the type of collection boxes to be used. Alternative sites on Rainbow and Jewel were deemed to be insufficient by the Post Office due to distribution issues or additional costs.

City Council Minutes April 22, 2010 Page 3 of 13 CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Councilmember Moore Second: Councilmember Mitchell Vote: 7:0

B.1 Approval Of The City Council Minutes From The Meeting Of February 25, 2010. Approved under the Consent Agenda.

B.2 Receipt Of Minutes From The Tourism Advisory Board Meeting Of March 12, 2010. Received under the Consent Agenda.

B.3 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of January 11, 2010. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of February 8, 2010. Received under the Consent Agenda.

B.5 Receipt Of Minutes The Cedar Park Community Development Corporation Meeting Of January 28, 2010. Received under the Consent Agenda.

B.6 Receipt Of Minutes The Cedar Park Community Development Corporation Meeting Of February 9, 2010. Received under the Consent Agenda.

B.7 Receipt Of Minutes The Cedar Park Community Development Corporation Meeting Of February 25, 2010. Received under the Consent Agenda.

B.8 Receipt Of Minutes The Cedar Park Community Development Corporation Meeting Of March 9, 2010. Received under the Consent Agenda.

C.0 Second Reading Of An Ordinance: No Items For Consideration.

D.1 A Resolution Authorizing A Budget Amendment To The Brushy Creek Regional Utility Authority's Fiscal Year 2010 Budget Approved under the Consent Agenda.

City Council Minutes April 22, 2010 Page 4 of 13

Resolution Number R110-10-04-22-D1

D.2 A Resolution Adopting An Amendment To The City Of Cedar Park Planning And Zoning Commission Rules and Procedures Rule 3.17 Commission Vote By Adding Rule 3.17 (E) and (D). Approved under the Consent Agenda.

Resolution Number R111-10-04-22-D2

D.3 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board For Funding The Veterans Memorial Project In An Amount Of $36,000. Approved under the Consent Agenda.

Resolution Number R112-10-04-22-D3

D.4 A Resolution To Mutually Rescind The Agreement For Professional Services With Travis Lucas With An Effective Date Of March 31, 2010. Approved under the Consent Agenda.

Resolution Number R113-10-04-22-D4

D.5 A Resolution Authorizing And Directing The City Manager To Execute A Joint Election Agreement Between The City Of Cedar Park, Travis County Elections Department And Participating Entities For The May 6, 2010 General And Special Elections. Approved under the Consent Agenda.

Resolution Number R114-10-04-22-D5

D.6 A Resolution Authorizing And Directing The City Manager To Execute A License Agreement With The Cypress Creek Homeowners Association, Inc. For Installation And Maintenance Of Landscaping In The Wilson Way Right-Of-Way. Approved under the Consent Agenda.

Resolution Number R115-10-04-22-D6

D.7 A Resolution Authorizing And Directing The City Manager To Negotiate And Execute An Engineering Services Agreement With URS Corporation For The Development Of Construction Plans, Specifications, Estimates And Construction Phase Services For 2010 Waterline Rehabilitation Projects In Cedar Park Ranchettes Unit 2. Approved under the Consent Agenda.

Resolution Number R116-10-04-22-D7

City Council Minutes April 22, 2010 Page 5 of 13 D.8 Authorization To Approve The Absence Of Councilmember Moore From The Regular Scheduled Meeting Of March 25, 2010 And Mayor Lemon's Absence From The Regular Scheduled Meeting Of April 8, 2010. Approved under the Consent Agenda.

No Resolution Number assigned.

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02, Zoning Districts And Regulations, Division 17, General Office District For The Purpose Of Adding Ambulatory Surgery Center And Drug Store As Permitted Uses. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Amy Link, Senior Planner, stated the proposed amendments were prompted from a recent rezoning request. The General Office District (“GO”) currently permits such uses as administrative, professional and medical offices, day care centers, banks, nursing homes, personal services, medical and dental clinics, retail gift stores and limited restaurants. Staff is proposing to add Ambulatory Surgery Center and Drug Store as permitted uses within the GO District. Currently, these uses are only permitted in the Hospital District. The Planning and Zoning Commission voted 5-0 to recommend approval of the proposed amendment to the General Office District.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.2 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 The Zoning Ordinance Of The Code Of Ordinances Of The City Of Cedar Park, Texas To Revise Sections 11.02.151(B), 11.02.161(B), 11.02.169(B), 11.02.195(B), 11.02.203(B) And Add Section 11.02.143(G) Regarding Building Regulations For Structures That Are Longer Than 100’ In Length. The Planning And Zoning Commission Recommended Approval Of The Amendments.

Emily Barron, Senior Planner, stated the purpose of this amendment is to provide consistency through the commercial zoning districts as it relates to buildings that are greater than 100’ in length. The Planning and Zoning Commission voted 5-0 to recommend approval of the proposed amendments to the Zoning Ordinance.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.3 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02 Zoning Districts And Regulations, Division 34-

City Council Minutes April 22, 2010 Page 6 of 13 Historic Preservation Overlay, For The Purpose Of Establishing An Effective Date, Providing For Severability, Providing For A Repealer. Julie Pandya, Assistant City Attorney, stated the proposed amendments are to amend certain provisions of the City’s current Historic Preservation Overlay ordinance. The revisions are intended to serve three primary purposes (1) amend the ordinance to clarify the Historic and Cultural Preservation Commission’s advisory role to the City Council (2) amend the ordinance to accurately reflect the requirements in the Texas Administrative Code for cities that are part of the Certified Local Government (CLG) Program administered by the Texas Historic Commission and (3) amend the ordinance to clarify the processes for applications for Certificates of Appropriateness and Economic Hardship.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

Brenda Eivens, City Manager, inquired about the size of the Commission. Ms. Pandya stated the Commission was amended from seven (7) members down to five (5).

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration To Reappointment Kevin Haywood To Place Four, Appointment Kelly Troy From Alternate Two To Place Two, And Appoint Places One And Three On The Board Of Adjustments. Agenda Item F.1 called after Agenda Item F.2

Kathy Cook introduced herself as an applicant for the vacancy on the Board of Adjustments.

Motion to appoint Kathy Cook to Place One, appoint Kelly Troy to Place 2, and reappoint Kevin Haywood to Place Four on the Board of Adjustments.

Movant: Councilmember Fuller Second: Councilmember Dale Vote: 7:0

F.2 Consideration Of A Resolution To Remove The Ranch At Cypress Creek MUD No. 1 From The City Of Cedar Park Three Year Annexation Plan. Agenda Item F.2 called after the Consent Agenda.

Jose Madrigal, Assistant City Manager, reviewed the history and timeline of the proposed annexation of the Ranch at Cypress Creek. Mr. Madrigal addressed the absence of a mandatory home owner association, administration of restrictive covenants by the MUD, the strategic partnership between the City and the MUD, the recent legislative activities in response to the issues raised by the MUD and the possibility of a limited purpose district.

City Council Minutes April 22, 2010 Page 7 of 13

Due to the inability to resolve the issues raised between the City and the MUD, and after further analysis and consideration of the options available, the MUD and the committee recommend removing the Ranch from the 3 year annexation plan.

General discussion followed regarding the legislation and proposed bills, arbitration and the impact on removing the Ranch from the annexation plan.

Councilmember Fuller commented on the meetings between the MUD and the City. The City worked very hard to make this annexation happen and was unable to reach any agreement with the MUD on deed restrictions and landscaping.

Citizen Comment:

Matt Bradley, Cedar Park, supports the annexation. Paul Klein, Cedar Park, supports the annexation, but not the mandatory HOA. Chuck Hamsa, Cedar Park, supports the annexation. Reagen Ward, Cedar Park, supports the annexation. Richard Kennedy, Cedar Park, supports the annexation. Larry Stefka, Cedar Park, commented on the entire area not being represented and the position of the MUD Board. Shirley Leydecke, Cedar Park, is against the annexation unless there is a mandatory HOA. Robert Irwin, Cedar Park, supports the annexation. Charles Emmett, Cedar Park, is against the annexation. Jeff McDonald, Cedar Park, supports the annexation. Lori Anderson, Cedar Park, supports the delay of the annexation. Karyn Bergman, Cedar Park, inquired about the benefits of an HOA. Linda Kroeker, Cedar Park, supports the annexation.

General discussion continued:

Councilmember Fuller commented on the discussions regarding landscaping and deed enforcements. He reviewed the past two years of meetings with the MUD board and stated the fiscal reality of the proposed annexation has changed.

Councilmember Mitchell commented on the MUD’s insistence for enforcement of deed restrictions and enhanced landscaping. He also commented on the expense associated with fixing and maintaining the roads in the subdivision.

Mayor Lemon commented on the analysis of the current debt associated with the MUD, the possibility of the HOA and also stated the citizens must communicate with their MUD board.

Councilmember Dale supports the annexation but is concerned with the potential of arbitration and the chance of having no process for an appeal. He commented on the

City Council Minutes April 22, 2010 Page 8 of 13 $174k requested by the current HOA and stated he is not able to expose the current tax payers of Cedar Park.

Councilmember Caputo reflected on the history of the Buttercup Creek Annexation back in the 90’s. He stated MUD’s are typically established as temporary entities and cities are unable to enforce deed restrictions and restrictive covenants. After two years of meetings and discussions, the talks are still going back to items not in the City’s control. He also agreed he is not able to put Cedar Park at the risk of possible arbitration over the proposed annexation.

Mayor Pro Tem Powell stated the City is unable to elevate the level of services provided in one area and most offer the same level of service thru out the City. The level of risk is to high for Cedar Park citizens and he supports the removal of the Ranch from the annexation plan.

Councilmember Moore stated he can not support the possible debt associated with possible arbitration.

Motion to approve the Resolution To Remove The Ranch At Cypress Creek MUD No. 1 From The City Of Cedar Park Three Year Annexation Plan.

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 7:0

Resolution Number R117-10-04-22-F2

F.3 Consideration Of A Resolution Authorizing The Cedar Park Police Department To Apply For Texas Department of Motor Vehicles, Automobile Burglary and Theft Prevention Authority ("ABTPA") Grant. Josh Selleck, Finance Director, stated the Police Department would like to request approval to submit a grant application to the Texas Department of Motor Vehicles, Automobile Burglary and Theft Prevention Authority (ABTPA) for a supplemental grant to be awarded for projects under the ABTPA Fund. This is a one year grant that begins September 1, 2010 and ends August 31, 2011 and will fund the additional position of a Police Detective specifically to investigate Burglary of Motor Vehicles and Auto Theft. The grant will fund 80% of the salary, 25% of the fringe benefits, and overtime costs not to exceed 5% of the direct salary of the Detective’s position. In addition, the grant would fund vehicle and equipment. The total grant cost is projected to be $179,231.25, with $122,230.25 of grant funding and $57,001.

Brenda Eivens, City Manager, stated the City would need to fund the entire amount after the first year.

Councilmember Dale inquired about the vehicle after the first year.

City Council Minutes April 22, 2010 Page 9 of 13 Motion to approve the Resolution Authorizing The Cedar Park Police Department To Apply For Texas Department of Motor Vehicles, Automobile Burglary and Theft Prevention Authority Grant.

Movant: Councilmember Mitchell Second: Councilmember Fuller Vote: 5:0 with Councilmembers Caputo and Moore off dais during vote.

Resolution Number R118-10-06-03-F3

F.4 Consideration Of Funding Opportunities Under The Texas Department Of Transportation Pass- Through Toll Financing Program.

Sam Roberts, Assistant City Manager, stated this item was originally presented to Council at the April 8th meeting. Following discussion with Council, staff has prepared information for further Council consideration. Staff has focused development of additional information of three segments of RM 1431; (1) From Anderson Mill to Bagdad Rd.; (2) From CR 185 to Parmer Lane; and (3) From Parmer Lane to Sam Bass. Mr. Roberts briefly reviewed each segment and the assessed future traffic counts.

Josh Selleck, Finance Director, addressed Council regarding the financial impact analysis.

Discussion followed regarding the assessed traffic counts, construction costs, specifics of the Pass-Through Toll Financing Program and impact to the projects.

Motion to approve a Resolution adopted in support for widening RM 1431 to a six lane divided arterial identified as a 1.487 mile section between Parmer Lane and Sam Bass Road and authorizing the City Manager to submit a Pass-Through Financing Application for consideration by the Texas Department Of Transportation.

Movant: Mayor Pro Tem Powell Second: Councilmember Dale Vote: 7:0

Resolution Number R119-10-04-22-F4

F.5 Consideration Of The Capital Area Metropolitan Planning Organization (CAMPO) 2035 Regional Transportation Plan. Tom Gdala, Planner, briefly reviewed the key impacts to the Capital Area Metropolitan Planning Organization (CAMPO) draft 2035 Regional Transportation Plan (2035 Plan) and summarized the impact to Cedar Park. The draft CAMPO 2035 Plan is scheduled for a second public hearing on May 10, 2010 and is anticipated to be adopted by the CAMPO TPB May 24, 2010.

City Council Minutes April 22, 2010 Page 10 of 13 General discussion followed regarding the inability of cities other than Austin to achieve the goals established in the plan, function and effectiveness of centers, zoning changes, terminology contained in the plan, and the financial and monetary impacts.

Note: Councilmember Powell left meeting at 12:22 a.m. during general discussion.

No action taken.

F.6 Consideration Of The Bike Lane Portion Of The Trails Master Plan Draft. (Caputo) Curt Randa, Parks Director, stated the bike lane portion of the Trails Master Plan is underway. Mr. Randa addressed examples of possible bike lanes and the specifics of each. The three options include dedicated bike lanes, striped shoulders and wide outside lanes.

Councilmember Caputo stated he had requested this item to be placed on the agenda. He briefly discussed the shared lanes with no stripes. Also, the City should make a commitment and consider either 3 ft or 5ft and then implement for the newer roads or road improvements.

General discussion followed regarding the striping, no parking, and dedicated bike lanes.

No action taken.

F.7 Discussion Of Current Retiree Health Care Program, Other Post Employment Benefits ("OPEB"). Agenda Item F.7 called after Agenda Item F.1

Brenda Eivens, City Manager, stated there is no action required tonight. Staff is providing an update for discussion purposes only.

Josh Selleck, Finance Director, reviewed the Other Post Employment Benefits known as OPEB. Mr. Selleck review what OPEB is and the impact of the Governmental Accounting Standards Board (GASB) passage of Statement #45 (GASB 45) which set new standards in how governments report the future costs of retiree health care. This rule has a significant impact on how the City is required to calculate how much the policy will cost in the future, and report the amount as an unfunded liability. Mr. Selleck reviewed the anticipated costs associated with the funding of the program. Retiree healthcare will cost the City over $14 million over the next 30 years requiring the City to post a $762,303 liability against our fund balance (reserves) annually. Mr. Selleck reviewed possible options the Council may considering regarding the benefits.

Citizen Comment John Hawkins, Cedar Park Police Association President, stated the association could not support any options that would not allow the benefit for officers hired in the future. He inquired about the funding mechanism and how the City could continue to fund the program.

City Council Minutes April 22, 2010 Page 11 of 13 General discussion followed regarding the impact to the General Fund, comparisons with other cities who offer the same benefit, and the various presented.

No action taken.

Council convened into Executive Session at 12:51 a.m. (Friday, April 23, 2010)

G.0 Executive Session

G.2 Section §551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Acquisition Of Rights-Of-Way For The Brushy Creek Road Reconstruction Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session. Council reconvened from Executive Session into Open Meeting at 1:06 a.m. (Friday, April 23, 2010)

No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Councilmember Caputo stated he appreciated the time Council and Staff spend with conducting the meetings.

H.2 Adjournment Mayor Lemon adjourned the meeting at 1:10 a.m. (Friday, April 23, 2010)

City Council Minutes April 22, 2010 Page 12 of 13

PASSED AND APPROVED THIS 17TH DAY OF JUNE, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes April 22, 2010 Page 13 of 13

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, MAY 13, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:31 p.m. All present, with Mayor Pro Tem Powell arriving at 6:39 p.m. and Councilmember Caputo arriving at 7:30 p.m.

A.2 Invocation. Invocation given by Kat Colvin.

A.3 Installation Of Junior City Council Program Participants On Dais. The Junior City Council Program participants were installed on the dais. All participants are from local high schools.

Mayor – Kat Colvin Place One – Allie Rollins Place Two – Leanna Gaddy Place Three – Will Allen Place Four – Eurica Meighan Place Five – Josh Hernandez Place Six – Meagan Mulligan City Manager – Gaby Anciola

A.4 Posting Of Colors By The Cedar Park Police Department Honor Guard.

City Council Minutes May 13, 2010 Page 1 of 13

The Cedar Park Police Department Honor Guard posted the colors.

A.5 Pledges of Allegiance. (U.S. and Texas) The Junior City Council led the audience in the Pledges of Allegiance.

A.6 Opening Comments By Junior City Council. Each Junior City Council participant commented on their experience in the program.

A.7 Presentation: Recognition Of Junior City Council Participants. Council presented each Junior City Council participant with a plaque in recognition of their participation in the program.

Note: Mayor Pro Tem Powell arrived at 6:39 p.m. during the discussion of Agenda Item A.7

A.8 Re-Installation Of City Council On Dais. Council was reinstalled on the dais.

A.9 Presentation: Proclamation In Recognition Of National Police Officers Day 2010. Mayor Lemon presented a Proclamation in recognition of National Police Officer Day 2010 to Chief Henry Fluck and representatives from the Cedar Park Police Department.

A.10 Presentation: Teen Advocates For Community Safety ("TACS") Lone Star Award. Chief Chris Connealy, Fire Department, addressed Council regarding the Lone Star Award received by the Cedar Park Teen Advocates for Community Safety (“TACS”). The Lone Star Award is given out each year by the Texas Association of Fire Chiefs for the most innovated program in medical and fire service within the state of Texas.

Molly Day, TACS, presented the Mayor with the Lone Star Award.

A.11 Citizens Communications: (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Michael Dion, Cedar Park, addressed Council regarding tree conservation and pruning at appropriate times.

A.12 Mayor and Council Opening Comments. Mayor Lemon commented on the recent win by the Texas Stars.

Mayor Pro Tem Powell commented on the 20th anniversary event for Treasure of the Hills Senior Center and congratulated the candidates from the May 8th election.

Councilmember Fuller commented on the Water IQ press conference, Relay for Life, the ribbon cutting for Candlewood Suites and the watch party for the Texas Star’s game.

Councilmember Mitchell thanked the students who participated in the Junior City Council program.

City Council Minutes May 13, 2010 Page 2 of 13

Councilmember Moore commented on the topping out ceremony for Fire Station #1.

Councilmember Dale commented on the passing of each Charter amendment propositions and thanked Katherine Woerner for her work on the Junior City Council program.

Mayor Lemon commented on the recent Concert in the Park event and its success.

A.13 City Manager Report: Recognition Of Service With The City Of Cedar Park. i. Mark Lewis, Building Inspections Director, Five Years Of Service. Sam Roberts, Assistant City Manager, presented Mark Lewis with a plaque in recognition of five years of service with the City of Cedar Park.

A.14 City Manager Report: Review Of The Quarterly Investment Report For The Period Of December 31, 2009 To March 31, 2010. Josh Selleck, Finance Director, presented Council with the Quarterly Investment Report. Howie Herring, Patterson and Associates, was available for questions.

A.15 City Manager Report: Review Of The Monthly Financial Report Through The Month Of March 2010 - Josh Selleck, Director of Finance. Josh Selleck, Finance Director, presented Council with the Monthly Financial Report.

A.16 City Manager Report: Update On The Emergency Services District Informational Meeting Of April 26, 2010 Jose Madrigal, Assistant City Manager, provided an update on the emergency services districts informational meeting held on April 26th. Chief Chris Connealy, Fire Department, and Josh Selleck, Finance Director, presented information to citizens regarding what ESD’s are, information on current ESD’s in Williamson County and Travis County, non- contracted areas located in the City’s ETJ utilizing the services of the Fire Department but not paying for the services, and the ability for areas to become an ESD. Mr. Madrigal briefly reviewed comments and concerns by those in attendance. The comments and concerns ranged from tax rates, tax equity for fire service, ability to contract with the Counties and the actual cost of service.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item B.4 removed from Consent Agenda by Councilmember Fuller. Agenda Item C.1 removed from Consent Agenda by Mayor Lemon.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D excluding Agenda Items B.4 and C.1

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 6:0 with Councilmember Caputo absent from meeting.

City Council Minutes May 13, 2010 Page 3 of 13

B.1 Approval Of Council Minutes From The Meeting Of March 11, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Meeting Of March 25, 2010. Approved under the Consent Agenda.

B.3 Receipt Of The Cedar Park Economic Development Corporation Minutes From The Meeting Of January 25, 2010. Received under the Consent Agenda.

B.4 Receipt Of The Cedar Park Economic Development Corporation Minutes From The Meeting Of February 22, 1010. Removed from the Consent Agenda by Councilmember Fuller.

Councilmember Fuller asked for this item to be removed from the Consent Agenda. He commended Phil Brewer, Economic Development Director, for his many efforts in developing Cedar Park.

Motion to receive the minutes from the Cedar Park Economic Development Corporation meeting from February 22, 2010.

Movant: Councilmember Fuller Second: Councilmember Dale Vote: 7:0

Note: Councilmember Caputo arrived at 7:30 p.m. during the discussion of Agenda Item B.4

B.5 Receipt Of The Planning And Zoning Commission Minutes From The Meeting Of February 16, 2010. Received under the Consent Agenda.

B.6 Receipt Of The Planning And Zoning Commission Minutes From The Meeting Of March 16, 2010. Received under the Consent Agenda.

B.7 Receipt Of The Planning And Zoning Commission Minutes From The Meeting Of April 6, 2010. Received under the Consent Agenda.

C.1 Second Reading And Approval On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02, Zoning Districts And Regulations, Division 17, General Office District For The Purpose Of Adding Ambulatory Surgery Center And Drug Store As Permitted Uses. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Removed from the Consent Agenda by Mayor Lemon.

City Council Minutes May 13, 2010 Page 4 of 13

Amy Link, Senior Planner, provided Council with a history and reason for the proposed amendment. General Office zoning (GO) currently permits such uses as administrative, professional and medical offices, day care centers, banks, nursing homes, personal services, medical and dental clinics, retail gift stores and limited restaurants. Staff is proposing to add Ambulatory Surgery Center and Drug Stores as permitted uses within the GO District. Currently, these uses are only permitted in the Hospital District.

Citizen Comment:

Maria Talamo, Cedar Park, spoke in opposition to the proposed amendment and asked for Council to deny.

Tim Adams, Cedar Park Regional Medical Center, spoke in opposition to the proposed amendment and asked for Council to take no action and to further research the impact to the hospital if the amendment was approved.

General discussion followed regarding limiting use of ambulatory surgery centers by zoning restrictions, access to services, current ambulatory services located in hospital owned building, and perceived competition for medical practices.

Nikelle Meade, Austin, addressed Council regarding the proposed amendment and her client being impacted by the restrictions of the current zoning. Agenda E.1, which is for an ambulatory surgery center, is directly impacted by the approval or denial of the proposed amendment.

Council convened into their first Executive Session at 8:10 p.m. Council reconvened from the first Executive Session into Open Meeting at 8:50 p.m.

Motion to approve the Ordinance as presented by staff. (An Ordinance amending Chapter 11 Zoning, Article 11.02, Zoning Districts And Regulations, Division 17, General Office District For The Purpose Of Adding Ambulatory Surgery Center And Drug Store As Permitted Uses)

Movant: Councilmember Fuller Second: Councilmember Dale Vote: 6:1 with Mayor Pro Tem Powell voting against.

Ordinance Number CO28-10-05-12-C1

Note: Councilmember Moore left meeting at 8:55 p.m.

C.2 Second Reading And Approval On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 The Zoning Ordinance Of The Code Of Ordinances Of The City Of Cedar Park, Texas To Revise Sections 11.02.151(B), 11.02.161(B), 11.02.169(B), 11.02.195(B), 11.02.203(B) And Add Section 11.02.143(G) Regarding Building Regulations For Structures

City Council Minutes May 13, 2010 Page 5 of 13

That Are Longer Than 100’ In Length. The Planning And Zoning Commission Recommended Approval Of The Amendments.

Approved under the Consent Agenda.

Ordinance Number CO29-10-05-13-C2

C.3 Second Reading And Approval On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02 Zoning Districts And Regulations, Division 34- Historic Preservation Overlay, For The Purpose Of Establishing An Effective Date, Providing For Severability, Providing For A Repealer. Approved under the Consent Agenda.

Ordinance Number CO30-10-05-13-C3 D.1 A Resolution Granting A Non-Exclusive License To Central Texas Refuse, Inc. For The Collection, Transportation And Disposal Of Multi-Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R120-10-05-13-D1

D.2 A Resolution Granting A Non-Exclusive License To Red River Waste Solutions, Inc. For The Collection, Transportation And Disposal Of Multi-Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R121-10-05-13-D2

D.3 A Resolution Authorizing And Directing The City Manager To Execute Amendment No. 1 To The Engineering Services Agreement With HDR Engineering For The Floating Raw Water Intake Contingency Project. Approved under the Consent Agenda.

Resolution Number R122-10-05-13-D3

D.4 A Resolution Authorizing And Directing The City Manager To Execute An Agreement With Red and White Greenery, Inc. For Landscape Maintenance Services. Approved under the Consent Agenda.

Resolution Number R123-10-05-13-D4

D.5 A Resolution Ordering And Calling A City Of Cedar Park Run Off Election For Council Place Six To Be Held On June 12, 2010; Making Provisions For Conducting The Election; And Resolving Other Matters Related To Such Election.

City Council Minutes May 13, 2010 Page 6 of 13

Resolución Ordenando Una Elección Elección Segunda Votación Para Concejal Lugar Seis De La Cuidad; Que Se Llevara Acabo El Día 12 De Junio, 2010; Adoptar Provisiones Par Conducir La Elección; Y Resolver Otros Asuntos Asociados Con La Elección. Approved under the Consent Agenda.

Resolution Number R124-10-05-13-D5

D.6 A Resolution Authorizing And Directing The City Manager To Execute An Advance Funding Agreement (AFA) And Utility Joint Use Acknowledgement With The Texas Department Of Transportation For Relocation Of An Existing Water Line As Part Of The RM 1431 (183A To Cottonwood Creek Trail) Reconstruction Project. Approved under the Consent Agenda.

Resolution Number R125-10-05-13-D6

PUBLIC HEARINGS E.1 Z-10-001 First Reading And Public Hearing On An Ordinance To Rezone Approximately 2.6581 Acres Of Land From Local Retail (LR) To General Office (GO), Owned By International Bank Of Commerce, Located At 351 Cypress Creek Road, In Williamson County, Texas. (Z-10-001) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Amy Link, Senior Planner, stated the applicant has requested to rezone approximately 2.6581 acres from Local Retail (LR) to General Office (GO) located at 351 Cypress Creek Road. The Planning and Zoning Commission voted 6-0 to approve the request.

Dr. Wills addressed Council regarding the proposed zoning. He is the proposed tenant of the property and explained the details of the ambulatory surgery center.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of Appointment To Place 2 On The Planning And Zoning Commission. Thomas Balestiere and Charles Rogers introduced themselves as applicants for the vacancy on the P&Z Commission.

Motion to appoint Thomas Balestiere to Place 2 on the Planning & Zoning Commisison.

Movant: Councilmember Dale Second: Mayor Pro Tem Powell Vote: 6:0 with Councilmember Moore absent from meeting.

City Council Minutes May 13, 2010 Page 7 of 13

F.2 Consideration Of A Resolution Authorizing The Purchase Of A Replacement Fire Apparatus (Engine) From Smeal Fire Apparatus Company Through Houston Galveston Area Council ("HGAC") And Scott Fire Apparatus. Josh Selleck, Finance Director, and Chief Connealy, Fire Department, addressed Council regarding the request to purchase a new Fire Truck. The new Fire Truck will replace Engine 12 that will be subsequently sold. The Fire Department will be utilizing bid pricing provided by Houston Galveston Area Council (“HGAC”) to acquire this fire apparatus from Smeal Fire Apparatus Company based in Snyder, Nebraska. The local sales agent for Smeal is Scott Fire Apparatus located in Wylie, Texas.

Motion to approve Resolution as presented by staff. (A Resolution Authorizing The Purchase Of A Replacement Fire Apparatus (Engine) From Smeal Fire Apparatus Company Through Houston Galveston Area Council ("HGAC") And Scott Fire Apparatus).

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 6:0 with Councilmember Moore absent from meeting.

Resolution Number R126-10-05-13-F2

F.3 Consideration Of A Resolution Authorizing And Directing The City Manager To Execute An Agreement For Acquisition Of Capacity And Ownership Interest In And Operation Of The North Brushy Creek Wastewater Interceptor And Extension. Agenda Items F.3, F.4, F.5 and F. 6 called together. Refer to Agenda Item F.6 for discussion and action taken.

Approved under Agenda Item F.6 Resolution Number R127-10-05-13-F3

F.4 Consideration Of A Resolution Authorizing And Directing The Mayor To Execute An Amended And Restated Master Contract For The Financing, Construction, Ownership, And Operation Of The Brushy Creek Regional Wastewater System. Agenda Items F.3, F.4, F.5 and F. 6 called together. Refer to Agenda Item F.6 for discussion.

Approved under Agenda Item F.6 Resolution Number R128-10-05-13-F4

F.5 Consideration Of A Resolution Authorizing And Directing The Mayor To Execute A Wastewater Services Operating Agreement Between Brazos River Authority, City Of Round Rock, City Of Cedar Park, And City Of Austin For The Brushy Creek Regional Wastewater System . Agenda Items F.3, F.4, F.5 and F. 6 called together. Refer to Agenda Item F.6 for discussion and action taken.

City Council Minutes May 13, 2010 Page 8 of 13

Approved under Agenda Item F.6 R129-10-05-13-F5

F.6 Consideration Of A Resolution Authorizing And Directing The Mayor To Execute An Effluent Reuse Agreement Between Brazos River Authority, City Of Leander, City Of Cedar Park, And City Of Austin For The Brushy Creek Regional Wastewater System. Agenda Items F.3, F.4, F.5 and F. 6 called together.

Sam Roberts, Assistant City Manager, and Kenneth Wheeler, Assistant Director of Utilities, addressed Council regarding the four agreements.

F.3 Agreement For Acquisition Of Capacity And Ownership Interest In And Operation Of The North Brushy Creek Wastewater Interceptor And Extension.

This is an agreement whereby the City of Leander will purchase and acquire an ownership and capacity interest in the North Brushy Creek Interceptor (NBCI) and the North Brushy Creek Interceptor Extension Phases 1 and 2 (NBCI Extension Phase 1 and NBCI Extension Phase 2).

F.4 Amended And Restated Master Contract For The Financing, Construction, Ownership, And Operation Of The Brushy Creek Regional Wastewater System.

This is an amendment and restatement of the existing Brushy Creek Regional Wastewater System Master Contract whereby the City of Leander will join the (BCRWWS) as a part owner along with Cedar Park, Round Rock and Austin. The only significant change to the existing Agreement is Leander’s purchase of capacity in the regional collection system.

F.5 Wastewater Services Operating Agreement Between Brazos River Authority, City Of Round Rock, City Of Cedar Park, And City Of Austin For The Brushy Creek Regional Wastewater System .

Cedar Park, Round Rock, and Austin purchased the Brushy Creek Regional Wastewater System from LCRA on December 8, 2009. Since that time, the Cities have been working on an agreement with the Brazos River Authority (BRA) to continue operation and maintenance of the System.

F.6 Effluent Reuse Agreement Between Brazos River Authority, City Of Leander, City Of Cedar Park, And City Of Austin For The Brushy Creek Regional Wastewater System.

As owners of the Brushy Creek Regional Wastewater System, Cedar Park and Austin, and Leander as a future owner, have been working on an agreement with the Brazos River Authority for the rights to effluent reuse.

City Council Minutes May 13, 2010 Page 9 of 13

Motion to approve Agenda Items F.3, F.4, F.5 and F.6 as presented by staff.

Movant: Councilmember Fuller Second: Councilmember Caputo Vote: 6:0 with Councilmember Moore absent from meeting.

Resolution Numbers R127-10-05-13-F3 R128-10-05-13-F4 R129-10-05-13-F5 R130-10-05-13-F6

F.7 Consideration Of A Resolution Awarding The Construction Bid For The Park Street Reconstruction and Waterline Project To FTWoods Construction Services, Inc. For $4,200,000. Darwin Marchell, Engineering Director, stated this is item if for the reconstruction of Park Street from Lakeline Boulevard to Buffalo Avenue and will also include a water line replacement from Lakeline to Mustang. Staff held an open house on the project which is anticipated to have a construction duration of 500 calendar days. Six secure bids, were received and evaluated. Staff and the City’s consultant, Cobb Fendley and Associates, are recommending the bid be awarded to FTWoods Construction Services, Inc.

Motion to approve the Resolution as presented by staff. (Resolution Awarding The Construction Bid For The Park Street Reconstruction and Waterline Project To FTWoods Construction Services, Inc. For $4,200,000)

Movant: Councilmember Caputo Second: Councilmember Mitchell Vote: 6:0 with Councilmember Moore absent from vote.

Resolution Number R131-10-05-13-F7

F.8 Consideration Of A Resolution Awarding The Construction Bid For Veterans Memorial Park Phase Two To The Barr Company In The Amount Of $2,066,363.53 Curt Randa, Parks Director, stated this item is for the construction of Phase 2 at Veterans Memorial. This project was re-bid on April 8, 2010 and six bids were received and evaluated. City staff and the architect, BWM Group are requesting award of the base bid and alternates A1, A3 and A4 to The Barr Company in the amount of $2,066,363.53

Motion to approve the Resolution as presented by staff. (Resolution Awarding The Construction Bid For Veterans Memorial Park Phase Two To The Barr Company In The Amount Of $2,066,363.53)

Movant: Mayor Pro Tem Powell Second: Councilmember Fuller Vote: 6:0 with Councilmember Moore absent from vote.

City Council Minutes May 13, 2010 Page 10 of 13

Resolution Number R132-10-05-13-F8

F.9 Consideration Of Amending The Human Resource Manual Policy D-2, Retirement Benefits, As It Relates to Retiree Health Care Program. Josh Selleck, Finance Director, reviewed the actuarial study performed by Gabriel, Roeder, Smith and Company which determined the present value of the future costs of the City’s retiree healthcare subsidy program is $14,064,432. In accordance with GASB 45 accounting standards the City must post an Annual Required Contribution (ARC) of $762,303 as a liability against its fund balance.

Mr. Selleck reviewed the impact to the General Fund in relation to posting the City’s annual required contribution under the current system. Mr. Selleck reviewed the five scenarios or options the Council may consider in relation to the retiree health care program. This item is only related to the subsidy of retiree healthcare and not the access to healthcare.

If the City Council chooses to continue the subsidy, staff recommends modifying the plan by implementing “Option D” from the options that were presented to the City Council at the April 22, 2010 meeting. This option reduces and limits the City’s retiree healthcare liability while continuing to provide a benefit to existing employees and retirees. Additionally, this option requires employees to remain with the City for a total of 30 years, which is the estimated tenure at which employees reach the most optimal level of TMRS benefits.

General discussion followed regarding the continuance of the retiree subsidy, GASB requirements and appropriately funding programs as a sound practice, impact to new hire and tenured employees, length of service with the City of Cedar Park, and the original implementation of the policy.

Motion to execute staff’s recommendation of Option D.

Movant: Councilmember Fuller Second: Councilmember Dale Vote: 6:0 with Councilmember Moore absent from vote.

G.0 Executive Session: First Executive Session called during Agenda Item C.1 at 8:10 p.m.

Council convened into a second Executive Session at 10:25 p.m.

City Council Minutes May 13, 2010 Page 11 of 13

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning Ambulatory Surgical Services Zoning. b. Legal Issues Concerning Interlocal Agreement With Leander Independent School District. c. Legal Issues Concerning Emergency Services District #14 Contract. d. Legal Issues Concerning The Construction Manager At Risk Agreement Between The City Of Cedar Park And Hunt Construction.

G.2 Section §551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Exchange Of Property And Purchase Of Sidewalk Easements For The W. Park Street Reconstruction Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from the first Executive Session into Open Meeting at 8:50 p.m.

Council reconvened from the second Executive Session into Open Meeting at 10:55 p.m.

Agenda Item G.2a Motion to approve a Resolution authorizing the City Manager to execute a right-of-way exchange agreement between the City and Denny Bell under the Park Street Reconstruction Project.

Movant: Councilmember Caputo Second: Councilmember Dale Vote: 6:0 with Councilmember Moore absent from meeting.

Resolution Number R133-10-05-13-G2ai

Motion to approve a Resolution authorizing the City Manager to execute an easement dedication agreement between the City and Edna Soto under the Park Street Reconstruction Project.

Movant: Councilmember Mitchell Second: Councilmember Fuller Vote: 6:0 with Councilmember Moore absent from meeting.

Resolution Number R134-10-05-13-G2aii

H.1 Mayor And Council Closing Comments

City Council Minutes May 13, 2010 Page 12 of 13

None.

H.2 Adjournment Mayor Lemon adjourned the meeting at 11:00 p.m.

PASSED AND APPROVED THIS 8TH DAY OF JULY, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes May 13, 2010 Page 13 of 13

MINUTES CITY OF CEDAR PARK SPECIAL CALLED CITY COUNCIL MEETING TUESDAY, MAY 18, 2010, AT 8:30 A.M. City Hall, 600 North Bell Boulevard

1) CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN § Texas Election Law Chapter 67.004 (a) PROCEDURE FOR LOCAL CANVASS: Two members of the authority constitute a quorum for purposes of canvassing an election.

Councilmember Fuller called the meeting to order at 8:31 a.m. Councilmembers Fuller and Dale present.

2) Discussion and Possible Action a. Resolution To Canvass The General And Special Election Results Of May 8, 2010 for: Motion to approve the Resolution canvassing the General Election results of the May 8, 2010 Election.

Movant: Councilmember Dale Second: Councilmember Fuller Vote: 2:0

Resolution Number R135-10-05-18-2A

i) General Election For: Mayor, Council Place Two, Council Place Four and Council Place Six.

A. General Election Results: Mayor Early Voting Election Day Total % Bob Lemon 335 206 541 100%

B. General Election Results: Council Place Two

City Council Minutes May 18, 2010 Page 1 of 8 Early Voting Election Day Total % Mitch Fuller 332 193 525 100%

C. General Election Results: Council Place Four

Early Voting Election Day Total % Lowell Moore 328 187 515 100%

D. General Election Results: Council, Place Six

Early Voting Election Day Total % Maria Talamo 180 115 295 42.45%

Terry J. Ryan 22 4 26 2.84%

Don Tracy 173 113 286 32.10%

Eddie Hurst 27 27 54 7.92%

Wayne Ruark 21 13 34 5.41% ii) Special Election For Council Place Five Early Voting Election Day Total % Tony Dale 327 190 517 100%

iii) Special Election For Proposed Charter Amendments Propositions One To Seventeen.

PROPOSITION 1: GENERAL POWERS OF THE CITY

To amend Section 2.01 of the City Charter to provide that the City of Cedar Park shall have all of the express and implied powers available to cities under the laws and constitution of the State of Texas.

Early Voting Election Day Total %

FOR 396 250 646 89.35% AGAINST 48 29 77 10.65%

City Council Minutes May 18, 2010 Page 2 of 8

PROPOSITION 2: COUNCIL VOTING To amend Section 3.12 of the City Charter to provide that the City Council may determine its rules for voting not inconsistent with State law and providing that any council member before a vote is taken may require a roll call vote.

Early Voting Election Day Total %

FOR 386 241 627 89.06% AGAINST 46 31 77 10.94%

PROPOSITION 3: CITY MANAGER To amend Section 4.01 of the City Charter to provide that the City Manager has the authority to appoint and terminate Assistant City Managers and assign them duties as appropriate and have such additional authority not inconsistent with the City Charter to carry out the duties reasonably necessary of a City Manager and to see that all federal, state and local laws are effectively enforced.

Early Voting Election Day Total %

FOR 346 216 562 80.06% AGAINST 86 54 140 19.94%

PROPOSITION 4: MUNICIPAL COURT To amend Section 4.02 of the City Charter to provide that the City Manager may appoint, subject to City Council approval, the presiding municipal court judge and any associate judges and recommend to the City Council reasonable compensation.

Early Voting Election Day Total %

FOR 293 176 469 67.48% AGAINST 135 91 226 32.52%

PROPOSITION 5 CITY ATTORNEY

To amend Section 4.03 of the City Charter to provide that the City Attorney is the legal advisor and attorney for the City, City Council, all departments, boards and commissions in all matters involving City business and may employ consultants on legal issues as necessary and for litigation, may employ outside legal counsel subject to ratification of the City Council. Early Voting Election Day Total %

City Council Minutes May 18, 2010 Page 3 of 8 FOR 346 206 552 80.23% AGAINST 78 58 136 19.77%

PROPOSITION 6: CITY ELECTIONS

To amend Section 5.01 of the City Charter to provide that the City election dates and polling locations shall be in accordance with state law.

Early Voting Election Day Total %

FOR 418 259 677 96.03% AGAINST 17 11 28 3.97%

PROPOSITION 7: FILING FOR OFFICE

To amend Section 5.02 of the City Charter to provide that a candidate for elective City office shall have resided in the City for twelve months as of the last day for filing for that elective office and their application for filing shall be accompanied by either a filing fee of fifty dollars or a petition signed by the greater of twenty five qualified voters residing in the City or one half of one percent of the total votes received by all candidates for mayor in the last mayoral election. Each signer to the petition shall give their date of birth, date of signing, printed name and address of their place of residence.

Early Voting Election Day Total %

FOR 398 251 649 93.65% AGAINST 27 17 44 6.35%

PROPOSITION 8: OFFICIAL BALLOTS

To amend Section 5.03 of the City Charter to provide that candidate names on official ballots and requirements for early voting and mail in ballots shall be in accordance with state laws.

Early Voting Election Day Total %

FOR 419 261 680 96.45% AGAINST 15 10 25 3.55%

PROPOSITION 9: CANVASSING

To amend Section 5.04 of the City Charter to provide that canvassing the results of a municipal election shall be in accordance with the Texas Election Code as amended.

City Council Minutes May 18, 2010 Page 4 of 8 Early Voting Election Day Total %

FOR 399 253 652 94.22% AGAINST 26 14 40 5.78%

PROPOSITION 10: RUN-OFF ELECTION

To amend Section 5.06 of the City Charter to provide that recounts of election results and candidate run-offs shall be in accordance with the Texas Election Code as amended.

Early Voting Election Day Total %

FOR 412 258 670 95.71% AGAINST 18 12 30 4.29%

PROPOSITION 11: POWER OF INITIATIVE

To amend Section 6.01 of the City Charter which provides that the people of the City shall have the power to propose any ordinance by adding to the existing exceptions ordinances, in whole or in part, that pertain to State designated municipal governmental functions, City budget, capitol programs, or emergency appropriations.

Early Voting Election Day Total %

FOR 356 219 575 85.95% AGAINST 56 38 94 14.05%

PROPOSITION 12: POWER OF REFERENDUM

To amend Section 6.02 of the City Charter which provides that the people of the City shall have the power of referendum to approve or reject at the polls any City Council legislation which is subject to the initiative process by adding to the existing exceptions ordinances, in whole or in part, pertaining to State designated governmental municipal functions, City bonds, City budget, capitol programs, appropriating money or emergency appropriations.

Early Voting Election Day Total %

FOR 358 228 586 87.20% AGAINST 55 31 86 12.80%

PROPOSITION 13: INDEPENDENT AUDIT

City Council Minutes May 18, 2010 Page 5 of 8 To amend Section 8.12 of the City Charter to provide that the City auditors shall have no direct or indirect personal interest in the financial affairs of the City or its officers and shall not perform the City audit for more than five consecutive years.

Early Voting Election Day Total %

FOR 404 257 661 95.80% AGAINST 21 8 29 4.20%

PROPOSITION 14: NEPOTISM

To amend Section 11.04 of the City Charter to provide that no person related within the second degree of affinity or within the third degree of consanguinity, by adding, as defined by the Texas Local Government Code as amended, to a City elected official or the City Manager shall be employed or appointed to any office, position or clerkship of the City.

Early Voting Election Day Total %

FOR 378 239 617 90.47% AGAINST 41 24 65 9.53%

PROPOSITION 15: PERSONAL FINANCIAL INTEREST

To amend Section 11.05 of the City Charter to provide that no member of the City Council or City employee shall have a substantial financial interest, by adding, as defined in the Texas Local Government Code as amended, either directly or directly in any business entity doing business with the City, contracts with the City, sale of land or any interest in land to the City or sale of any supplies or services to the City.

Early Voting Election Day Total %

FOR 399 252 651 94.48% AGAINST 26 12 38 5.52%

PROPOSITION 16: CONFLICTS OF INTEREST

To amend Section 11.09 of the City Charter to provide that a public official or a person related to that public official within the first degree of affinity or consanguinity and has a substantial interest by adding, all as defined in the Texas Local Government Code as amended, in a business entity that would benefit by any official action taken by the governing body, the public official shall abstain from discussing and voting on the matter. City Council Minutes May 18, 2010 Page 6 of 8

Early Voting Election Day Total %

FOR 391 249 640 93.57% AGAINST 31 13 44 6.43%

City Council Minutes May 18, 2010 Page 7 of 8

PROPOSITION 17: SUBMISSION OF CHARTER TO VOTERS

To amend Section 11.18 of the City Charter to provide that Section 11.18 requiring that the voters must adopt the City Charter before it can be effective be deleted since the charter has been adopted by the voters and this section is no longer necessary.

Early Voting Election Day Total %

FOR 369 239 608 89.68% AGAINST 50 20 70 10.32%

3) Adjournment. Councilmember Fuller adjourned the meeting at 8:34 a.m.

PASSED AND APPROVED THIS 8TH DAY OF JULY, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes May 18, 2010 Page 8 of 8

MINUTES THE CITY OF CEDAR PARK CITY COUNCIL AND THE CEDAR PARK ARTS ADVISORY BOARD SPECIAL CALLED JOINT MEETING THURSDAY, MAY 20, 2010 AT 6:30 P.M. Cedar Park Recreation Center – Meeting Room 1435 Main Street, Cedar Park TX 78613

CEDAR PARK ARTS ADVISORY BOARD

Sheela Goodrich, Chair Geraldine Smythe, Place Four Mark Ledyard, Place One Paul Gorski, Place Five Robert Carter, Place Two Joe Fiacco, Place Six Andy deBruyn, Place Three

1. Mayor Calls City Council to Order QUORUM DETERMINED, MEETING DECLARED OPEN

Mayor Lemon called the meeting to order at 6:35 p.m. Councilmembers Dale and Caputo absent from meeting, all others present.

2. Chair Calls Arts Advisory Board to Order QUORUM DETERMINED, MEETING DECLARED OPEN

Sheela Goodrich, Chair, called the Arts Advisory Board to order at 6:35 p.m. Robert Carter absent, all others present.

3. Introductions/Welcome

Roundtable introductions were conducted. Council, Arts Joint Meeting Minutes May 20, 2010 Page 1 of 4

4. Discussion Only: a. Review Of The Art Advisory Board’s Roles And Expectations For Implementation Of A Public Art Program. b. Review Of Long Range Planning And Incorporation Of The City’s Vision And Strategic Goals Into The Public Art Program. c. Creation And Implementation Of A Public Art Master Plan. d. Consideration Of Future Projects And/Or Initiatives.

Agenda Item 4A, 4B, 4C and 4D called together.

Mark Lewis, Staff Liaison to Arts Board, provided a general overview of the Arts Advisory Board role and function.

Mayor Lemon clarified this Board is not a performing arts board but will be oriented more towards capital projects. He further discussed the distinction between the Arts Board and the Parks Board.

General Discussion followed regarding possible ideas for visual public art that included: Fountains, sculptures, murals, paintings, local art gallery or public space for art, lamp posts and street lights, mosaics, landscape design, and creative night lighting.

Discussion continued regarding artistic versus functional public art, and indoor and outdoor displays.

Mayor Pro Tem Powell discussed the City now being able to enter a phase from “need to have” to “nice to have”. Consideration should be given to public art being functional for the space it occupies, what the art will be, what will be required, and the future maintenance of the item.

Sheela Goodrich, Arts Board, commented on choosing locations for public art and then deciding the theme of the art. A theme could be repeated thru out the City, for example the guitars in Austin.

Mark Ledyard, Arts Board, commented on neighborhoods being able to submit projects.

Mark Lewis, Staff Liaison, commented on the Council’s strategic map being utilized by the Arts Board for specific goals that have been laid out by Council.

Mayor Lemon encouraged the Board to think outside the box and not narrow the opportunities. He commented on monuments for city entry ways.

Council, Arts Joint Meeting Minutes May 20, 2010 Page 2 of 4

Councilmember Moore and Geraldine Smythe, Arts Board, commented on plazas or sculpture farms being a possibility for a destination spot.

Paul Gorski, Arts Board, stated how the art will be displayed will determine what will be used regarding the materials and commented on connectivity thru out the city.

General discussion followed regarding the Art Boards participation with the BYDEE Festival and the possibility of making it more of a true art program with less children activities.

Councilmember Fuller commented on the development of a master plan for the Arts Board. The Board should utilize the Council’s strategic plan specifically regarding beautification and the culture goals. He stated the Board will need to be patient with their dreams and large projects may take awhile while the revenue stream is being built.

Mayor Pro Tem Powell commented on the Board having a strategy that would involve long term concepts. The funding for public art is voluntary and pleasing art that might be splashy or large scale will assist with promoting public awareness and help with campaigning for funds.

Geraldine Smythe, Arts Board, commented on the family friendly concept and Cedar Park becoming a destination.

Sheela Goodrich, Arts Board, inquiring about the funding mechanism for public art and the City’s process for payment of utility bills online.

General discussion continued on public art concepts to include traveling art exhibits, art artifacts from local colleges, display of local artists and participation by the community.

Mayor Lemon explained the relationship between the Boards and the Council. The Boards are expected to be the experts and provide narrowed areas that have been researched and analyzed in depth by the Board. These items are then forwarded to Council for further consideration and possible approval.

Brenda Eivens, City Manager, stated the Strategic Map is a one year plan and the Master Plan needs to be a more comprehensive, long term, guide for the entire public arts program.

General discussion followed pertaining to fulfillment of Cedar Park being a destination city, quality of life, liaison with other city boards, and the development of a Master Plan with short term and long term goals.

Council, Arts Joint Meeting Minutes May 20, 2010 Page 3 of 4

Sheela Goodrich, Arts Board, inquired about meeting dates for the Board, posting of Agendas and placement of items on the Agenda.

5. Closing Comments. Roundtable closing comments were conducted.

6. Adjournment. Mayor Lemon adjourned the meeting at 8:05 p.m.

PASSED AND APPROVED THIS 8TH DAY OF JULY, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

Council, Arts Joint Meeting Minutes May 20, 2010 Page 4 of 4

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, MAY 27, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:33 p.m. All present with Councilmember Caputo arriving at 8:23 p.m.

A.2 Invocation. Invocation given by Mayor Lemon.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Ceremonial Swearing In Of Elected Officials From The May 8, 2010 General And Special Election: i.. Mayor - Bob Lemon. ii. Council Place Two - Mitch Fuller. iii. Council Place Four - Lowell Moore iv. Council Place Five - Tony Dale. The Honorable Judge Edna Staudt, Justice of the Peace Precinct 2, swore in Bob Lemon, Mayor, Mitch Fuller, Council Place 2, Lowell Moore, Council Place 3 and Tony Dale, Council Place 5.

A.5 Announcement Of Mayor Pro Tem In Accordance With Council Rules Of Procedure Rule 4.1. (Lemon)

City Council Minutes May 27, 2010 Page 1 of 10 Mayor Lemon thanked Matt Powell for his service as Mayor Pro Tem for the past year. Mayor Lemon announced Mitch Fuller as the new Mayor Pro Tem.

A.6 Presentation: A Proclamation Honoring And Recognizing The American Legion Hunter-Morris Memorial Post 911 Day 2010 Councilmember Dale presented the American Legion Hunter-Morris Post 911 with a Proclamation in recognition of June 10th as Hunter-Morris Memorial Post 911 Day.

A.7 Presentation: Update On The Federal Emergency Management Agency ("FEMA") Risk Mapping, Assessment, and Planning ("Risk MAP") Program. Garret Bonn, Senior Engineer, and Ron Wanhanen, FEMA, addressed Council regarding the FEMA Risk Map Program. Mr. Wanhanen explained the specifics of the program, reasons for the maps and updates, and the areas currently under review.

A.8 Citizens Communications: (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Rob Alspaugh, Round Rock, addressed Council regarding the 8th Annual Kids Triathlon and provided a report on the event. He also inquired about winter swim at Milburn Pool.

Trey Hensley, Cedar Park, addressed Council regarding rail damage and the inadequate repairs in Silverado Ranch and about feral cats and citizens having to rent traps and capture cats.

Roland Krienke, Cedar Park, commented on the FEMA presentation and unidentified workers working on the new maps being on his property unannounced.

A.9 Mayor and Council Opening Comments. Mayor Lemon recognized former Mayor Denny in the audience and also commented on the Texas Stars making it to the Calder Cup finals.

Councilmember Powell commented on the Texas Star, the joint meeting with the Arts Advisory Board, the Cedar Park Police Alumni Association fund raiser and the anniversary dinner for Treasure of the Hills Senior Center.

Mayor Pro Tem Fuller commented on the Texas Stars, remembrance of Memorial Day and soldiers, and Wes and Judy Pierce and their non-profit organization Hero’s Night Out which assists servicemen.

Councilmember Mitchell commented on the election and is honored to serve with the incumbents.

Councilmember Moore commented on the Texas Stars winning the western conference and reflected on three years ago the Cedar Park Center was just a pasture.

Councilmember Dale thanked Judge Staudt, his friends and family for their support. He also commented on the Texas Stars watch party, Treasure of the Hills Senior Center 20th

City Council Minutes May 27, 2010 Page 2 of 10 anniversary dinner, and thanked the Police Department for their community efforts with addressing the burglaries in Cedar Park.

Mayor Lemon stated the Planetarium Ad Hoc Committee would be traveling to Killeen on June 5th to tour the facility there.

A.10 City Manager Report: Recognition For The Retirement Of: i. Sgt. Phil Townsend, Police Department. Brenda Eivens, City Manager, presented Sgt. Phil Townsend with a commemorative clock in recognition of his service with the City of Cedar Park.

Chief Henry Fluck, Police Department, commented on Sgt. Townsend and his time with the Cedar Park Police Department.

A.11 City Manager Report: Recognition Of Service With The City Of Cedar Park. i. Tim Scott, IT Department, Five Years Of Service. Andrew Manhein, IT Director, presented Tim Scott, Network Specialist, with a plaque in recognition of five years of service with the City of Cedar Park.

A.12 City Manager's Report: Update On The Parks And Recreation Department Activities And Events - Curt Randa, Parks And Recreation Director. i. May 31st Poolapalooza. ii. June 3rd Veterans Memorial Park Phase Two Groundbreaking Event. iii. Cedar Park Skate Park Grand Opening Curt Randa, Parks Director, updated Council on the future activities being planned by the Recreation Department.

A.13 City Manager Report: Update On Oak Wilt Prevention Program. (Powell) Curt Randa, Parks Director, provided Council with a brief report on the City’s efforts to eliminate oak wilt and reviewed the prevention program.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D. Agenda Item D.9 removed from the Consent Agenda by Councilmember Mitchell

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D excluding D.9.

Movnat: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 6:0 with Councilmember Caputo absent from meeting.

B.1 Receipt Of The Minutes From The Planning And Zoning Commission Meeting Of April 20, 2010. Received under the Consent Agenda.

City Council Minutes May 27, 2010 Page 3 of 10

C.1 Z-10-001 Second Reading And Approval Of An Ordinance To Rezone Approximately 2.6581 Acres Of Land From Local Retail (LR) To General Office (GO), Owned By International Bank Of Commerce, Located At 351 Cypress Creek Road, In Williamson County, Texas. (Z-10-001) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract. Approved under the Consent Agenda.

Ordinance Number Z31-10-05-27-C1

D.1 A Resolution Authorizing And Directing The City Manager To Execute A Fireworks Display Agreement With Pyrotechnico, LLC, For The July 4th Event. Approved under the Consent Agenda.

Resolution Number R136-10-05-27-D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute A Fireworks Display Agreement With Pyrotechnico, LLC, For The September 5th Event. Approved under the Consent Agenda.

Resolution Number R137-10-05-27-D2

D.3 A Resolution Authorizing And Directing The City Manager To Execute Change Order #1 To The Construction Contract With Cash Construction, Inc. For The Roadway, Drainage, And Waterline Improvements For Brushy Creek Road And South Cougar Avenue In The Amount Of $83,379.50 Approved under the Consent Agenda.

Resolution Number R138-10-05-27-D3

D.4 A Resolution Granting A One Year Extension To The Temporary Use For A Driving Range For Property Located At 1700 Hur Industrial Boulevard. Approved under the Consent Agenda.

Resolution Number R139-10-05-27-D4

D.5 A Resolution Authorizing And Directing The City Manager To Execute A Community Partner Memorandum Of Agreement With The Federal Emergency Management Agency (FEMA) Regarding The Risk Mapping, Assessment, and Planning ("Risk MAP") Program. Approved under the Consent Agenda.

Resolution Number R140-10-05-27-D5

D.6 A Resolution Authorizing And Directing The Fire Chief To Apply For A 2010 Assistance For Firefighters Grant To Acquire Eight Self Contained Breathing Apparatus (SCBAs). Approved under the Consent Agenda.

City Council Minutes May 27, 2010 Page 4 of 10

Resolution Number R141-10-05-27-D6

D.7 A Resolution For City Acceptance Of C-Bar Ranch Trail Improvements (Formerly Known As North Lynnwood Trail Phase 1 and 2). Approved under the Consent Agenda.

Resolution Number R142-10-05-27-D7

D.8 A Resolution Authorizing Participation In The 2010 Summer Youth Job Placement Program Provided By Workforce Solutions - Rural Capital Area. Approved under the Consent Agenda.

Resolution Number R143-10-05-27-D8

D.9 A Resolution Amending Human Resources Policy D-2, Retirement Benefits Related To Retiree Healthcare Subsidies. Removed from the Consent Agenda by Councilmember Mitchell.

Brenda Eivens, City Manager, stated additional information had been received on the proposed options.

Josh Selleck, Finance Director, reviewed Options C and D for the Council. Option C and D are similar with the exception Option C references 25 years of service with $150 rate for unblended cost of health insurance at retirement. Option D varies with 30 years of service and $250 rate for unblended cost of health insurance at retirement.

Brenda Eivens, City Manager, stated staff is in support of Option C.

Councilmember Mitchell stated he had requested this item be removed from the Consent Agenda to further discuss. The item only deals with numbers and does show the impact to employees. He would like more time to review and have Council consider tabling this item for further review.

Mayor Lemon stated this item has been discussed at prior meetings.

Motion to table Agenda Item D.9 to the second meeting in June.

Movant: Councilmember Mitchell Second: Councilmember Moore

General discussion followed regarding the need to alter the current system, additional costs to the City, 25 years of service versus 30 years of service, alteration of the program at a later date if needed.

Citizen Comment:

City Council Minutes May 27, 2010 Page 5 of 10

Adam Story, Cedar Park Fire Association President, stated the Association is in support of Option C with 25 years of service, which is considered to be a full career as a firefighter. He thanked Council and staff for their time and further analysis with this issue.

Mayor Lemon called the question.

Motion to table Agenda Item D.9 to the second meeting in June.

Movant: Councilmember Mitchell Second: Councilmember Moore Vote: 2:4 with Councilmember Mitchell and Moore voting in favor. Mayor Lemon, Councilmember Powell, Mayor Pro Tem Mitchell and Councilmember Dale voting against. Councilmember Caputo absent from meeting. Motion fails.

Motion to approve the Resolution Amending Human Resources Policy D-2, Retirement Benefits Related To Retiree Healthcare Subsidies utilizing Option C as presented by staff.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 6:0 with Councilmember Caputo absent from meeting

Resolution Number R144-10-05-27-D9

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 8, Offenses And Nuisances, Article 8.03, Regulations Pertaining To Conduct In Parks And Playgrounds For The Purpose Of Adding Section 8.03.007, Skate Park Facility. Curt Randa, Parks Department, stated the new skate park facility will be opening in June and the City needs to establish rules and regulations for conduct at the facility. The ordinance will differentiate between the facility and the skating surfaces by definition. The ordinance will also provide for the hours of operation, mandatory requirements for use, prohibited activities at the facility and prohibited activities on the skating surfaces.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

City Council Minutes May 27, 2010 Page 6 of 10 F.1 Consideration Of A Resolution Authorizing Solicitation For Statements Of Qualification For Engineering Services For The Design Of The New Hope Drive (Bagdad Rd. To Lakeline Blvd.) Reconstruction Project. Darwin Marchell, Engineering Director, stated this item is for procurement of engineering services for reconstruction of New Hope Drive from Bagdad Road to Lakeline Blvd.

Councilmember Dale inquired how the statement of qualifications is different than a request for proposal.

Motion to approve Agenda Item F.1 (Resolution authorizing solicitation for Statements of Qualifications for Engineering Services for the design of New Hope Drive from Bagdad to Lakeline Blvd. Reconstruction Proejct.

Movant: Councilmember Mitchell Second: Councilmember Dale Vote: 6:0 with Councilmember Caputo absent from meeting.

Resolution Number R145-10-05-27-F1

F.2 Consideration Of A Resolution Authorizing And Directing The Fire Chief To Execute The Williamson County Fire Chiefs Association Interlocal/Mutual Aid Agreement. Chief Connealy, Fire Department, stated this agreement allows for the Fire Dept. to request mutual aid in the event of emergency incidents beyond the resource levels available within the Cedar Park Fire Department (CPFD). Equally, the Fire Dept. will be able to provide assistance to other requesting fire departments in the county if the Fire Dept. has resources available to send.

Councilmember Fuller inquired about Jollyville and Sam Bass.

Councilmember Dale inquired about the number of Fire Departments included in the agreement.

Motion to approve the Resolution authoring and directing the Fire Chief to execute the Williamson County Fire Chiefs Association Interlocal/Mutual Aid Agreement.

Movant: Councilmember Moore Second: Mayor Pro Tem Fuller Vote: 6:0 with Councilmember Caputo absent from meeting.

Resolution Number R146-10-05-27-F2

F.3 Consideration Of A Resolution Authorizing The Cedar Park Police Department To Submit An Updated Application For A Federal Grant Through The Office Of Community Oriented Policing Services 2010 COPS Hiring Program. Chief Fluck, Police Department, stated Council originally authorized the submission of the grant on March 26, 2009. This grant was not awarded to the City of Cedar Park. On April

City Council Minutes May 27, 2010 Page 7 of 10 13, 2010, the Police Dept. was noticed the COPS office would be considering the City’s existing application for funding under the 2010 COPS Hiring Program (CHP).

Josh Selleck, Finance Director, addressed Council regarding the financial impact analysis if the grant is awarded to the City. There is no grant match, however, there are additional costs incurred by the City with the hiring of four additional officers. For Fiscal Year 2011, finance staff estimates the initial setup costs for these four positions at $142,120. The ongoing costs associated with a VES contribution, step salary increases, and other costs not covered by the grant total $52,250 for Fiscal Year 2012, and $58,882 for Fiscal Year 2013. The grant requires that the grant funded positions continue to be funded for one year after the grant period, so, the estimated full cost of this program for Fiscal Year 2014 is $286,200. The estimated four year total cost of adding four officers is $1,230,574 with $539,451 paid by the City, and $691,123 from the grant.

Councilmember Moore inquired about the fourth year and if the City would grow into the plan.

Councilmember Powell commented on the grant offsetting the costs.

Motion to Agenda Item F.3 as presented. (Resolution authorizing The Cedar Park Police Department To Submit An Updated Application For A Federal Grant Through The Office Of Community Oriented Policing Services 2010 COPS Hiring Program.

Movant: Councilmember Powell Second: Councilmember Dale Vote: 6:0 with Councilmember Caputo absent from meeting.

Resolution Number R147-10-05-27-F3

F.4 Consideration Of The Veteran Memorial Projects And Alternatives And Update On The Veteran Memorial Citizen Advisory Group Activities. Don Schliesser, Veteran Memorial Citizen Advisory Group, addressed Council regarding the proposed monument for Veterans Park and the cost analysis. After the March 2010 submission, the original estimated price came back at a significantly higher rate. The Group then requested cost estimates from all of the artists that were finalists. All but one artist informed the group that their submission would cost more than $100,000. During that process the artists revised their pieces in order to lower costs. The costs include all materials, artist creation and labor, insurance, and transportation and installation of the completed piece at the Veterans Memorial Park. Mr. Schliesser reviewed each rendering, the original cost submission and the revised cost submission. The Group is still recommending “Honor For All” by Gregory Beck. Also, the Group is wishing to increase their fund raising efforts from $100,000 to $175,000.

Councilmember Moore inquired about the timing for the delivery of the statute.

City Council Minutes May 27, 2010 Page 8 of 10 Note: Councilmember Caputo arrived at 8:23 p.m.

General discussion followed regarding the amount raised and the three main donors, fund raising efforts by the Group, delivery times, contract between the City and the Artist, funding sources and completion dates, and the original focus of the Group being the memorial remaining as the main goal.

Brenda Eivens, City Manager, addressed the contract with the artist and the funding needing to be in place prior to the execution of the contract. There are restrictions with the timeline and the delivery of the statue may not the Memorial 2011 deadline.

Motion to approve the Veteran Memorial Citizen Advisory Group’s recommendation for the Gregory Beck design and to make the fundraising goal be $175,000 with a further goal for the fundraising to be completed by September 30, 2010.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

F.5 Consideration Of Resignation By Board Members Upon Filing For City Council. (Mayor) Mayor Lemon asked for this item to be placed on the Agenda. He stated the Council Rules of Procedure in the past had a rule pertaining to the resignation of board members upon filing for Council. He would like to know if the Council would like to reconsider reinstating this rule.

General discussion regarding the original intent of the rule, the reason it was removed from the current rules, service by citizens on Boards and succession planning to Council, conflicts of interest, misinformation during campaigning, politics versus policy, Council’s authority to remove anyone from a Board, and possible re-adoption of the rule in the future.

No action taken.

Council convened into Executive Session at 9:13 p.m. G.0 Executive Session:

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning The Third Amendment To The Lease And Development Agreement Between The City Of Cedar Park And Hicks Cedar Park LLC.

City Council Minutes May 27, 2010 Page 9 of 10

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meting at 9:34 p.m.

No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Mayor Lemon asked for the Parks Board and Planning & Zoning Commission appointments be placed on the next agenda.

Councilmember Dale thanked the Mayor for allowing him the opportunity to present the Proclamation tonight.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 9:36 p.m.

PASSED AND APPROVED THIS 8TH DAY OF JULY, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes May 27, 2010 Page 10 of 10

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, JUNE 3, 2010 AT 6:30 P.M.

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Cobby Caputo, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:31 p.m. Councilmember Caputo absent from meeting, all other Council present.

A.2 Invocation. Invocation given by Mayor Lemon.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Citizens Communications: (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) None.

A.5 Mayor and Council Opening Comments. Councilmember Dale commented on the recent promotion at the Fire Department and the Memorial Day ceremony conducted in Georgetown.

Mayor Pro Fuller congratulated the Texas Stars and stated the groundbreaking ceremony for Phase 2 for Cedar Park’s Veteran Memorial Park was cancelled due to rain.

Councilmember Powell commented on the promotional ceremony and the swearing in of two new firefighters and the recent ribbon cutting for the Dig Pub expansion.

City Council Agenda June 3, 2010 Page 1 of 5 A.6 City Manager Report: Update On The April And May 2010 Permit Activity And Revenue Report - Mark Lewis, Director of Building Inspections. Mark Lewis, Building Inspections Director, updated Council on the May 2010 Permit Activity and Revenue Report.

A.7 City Manager Report: Internally Illuminated Street Sign Project Update Eric Rauschuber, Utilities Director. Eric Rauschuber, Utilities Director, updated Council on the illuminated street sign project. Phase 2 of the project included pole mounted signs and Phase 3 included the City logo on each street sign. Staff is proceeding with Phase 3 of the project prior to Phase 2 due to the complexity of Phase 2 in relation to TxDOT maintained roadways.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C, and D.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 6:0 with Councilmember Caputo absent from meeting

B.1 Approval Of Council Minutes From The Meeting Of April 8, 2010. Approved under the Consent Agenda.

B.2 Receipt Of The Economic Development Sales Corporation (4A) Minutes From The Meeting Of April 19, 2010. Received under the Consent Agenda.

C.1 Second Reading And Approval Of An Ordinance Amending The Cedar Park Code Of Ordinances Chapter 8, Offenses And Nuisances, Article 8.03, Regulations Pertaining To Conduct In Parks And Playgrounds For The Purpose Of Adding Section 8.03.007, Skate Park Facility. Approved under the Consent Agenda.

Ordinance Number CO32-10-06-03-C1

D.1 A Resolution Granting A Non-Exclusive License To Texas Disposal Systems, Inc. For The Collection, Transportation And Disposal Of Multi-Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R148-10-06-03-D1

D.2 A Resolution Authorizing The Filing Of Grant Applications With The Capital Area Council Of Governments ("CAPCOG") For A Regional Solid Waste Program Grant.

City Council Agenda June 3, 2010 Page 2 of 5 Approved under the Consent Agenda.

Resolution Number R149-10-06-03-D2

D.3 A Resolution Ratifying The City Manager's Submission Of An Application To The Texas Commission On Environmental Quality For A Permit To Appropriate State Water For The Cedar Park Town Center Water Quality Ponds. Approved under the Consent Agenda.

Resolution Number R150-10-06-03-D3

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending The Cedar Park Code Of Ordinances, Chapter 13, Sign Regulations For The Purpose Of Establishing Regulations Pertaining To the Display Of Pole Mounted Banners. Withdrawn from Agenda.

E.2 Public Hearing And Consideration To Approve A Resolution Amending The Fiscal Year 2009- 10 Capital Improvement Budget By Appropriating $256,327 In The Water CIP Fund For The "2010 RM 1431 Water Line Relocation Project", Transferring Funds From The "Floating Raw Water Intake CIP Project" In The Same Fund. Jose Selleck, Finance Director, stated this item is related to a budget amendment and per the City Charter requires a public hearing prior to approval. This amendment is for the creation of a project named “2010 RM 1431 Water Line Relocation Project” which would be created using the funds transferred from the "Floating Raw Water Intake Project" in the Water Capital Improvement Fund.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

Motion to approve the Resolution amending the Fiscal Year 2009-10 Capital Improvement Budget by appropriating $256,327 in the Water CIP Fund for the "2010 RM 1431 Water Line Relocation Project", transferring funds from the "Floating Raw Water Intake CIP Project" in the same fund.

Movant: Councilmember Mitchell Second: Councilmember Dale Vote: 6:0 with Councilmember Caputo absent from meeting.

Resolution Number R151-10-06-03-F2

REGULAR AGENDA (NON-CONSENT) F.0 Discussion And Possible Action:

City Council Agenda June 3, 2010 Page 3 of 5 F.1 Consideration Of Appointments To Place One, Place Two, Place Three, And Place Five On The Historic Preservation Commission. Motion to appoint Leigh Ann Fulcher to Place One on the Historic Preservation Commission.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 6:0 with Councilmember Caputo absent from meeting.

Motion to appoint Gregg Cestaro to Place Two on the Historic Preservation Commission.

Movant: Councilmember Moore Second: Councilmember Powell Vote: 6:0 with Councilmember Caputo absent from meeting.

F.2 Consideration Of Membership On The Parks And Recreation Advisory Board And The Planning And Zoning Commission. Agenda Item F.2 called after Executive Session.

Councilmember Powell stated this item impacts two people. The Mayor has always offered to meet willingly with anyone to further discuss situations. Councilmember Powell commented it is time to move past emails and online interaction and move into the realm of face-to-face and inquired if Mayor Lemon would be willing to set down with the two individuals.

Mayor Lemon stated he is eager and willing to sit down and discuss.

Councilmember Dale offered to meet with the Mayor and Eddie Hurst.

Wayne Ruark inquired if Councilmember Powell would meet with him and the Mayor.

Councilmember Powell stated he would be willing to do this.

G.0 Executive Session:

G.1 Section 551.071 (1) Consultation With Attorney Concerning Contemplated Litigation. a. Legal Issues Concerning The Water Rights Permitting Requirements For The Cedar Park Town Center Water Quality Ponds. b. Legal Issues Concerning Cougar County Drive Rights-Of-Way.

City Council Agenda June 3, 2010 Page 4 of 5

G.2 Section 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Acquisition Of Properties For The Brushy Creek Road East Reconstruction Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 7:35 p.m.

No action taken on any item discussed in Executive Session. Agenda Item F. 2 called after Executive Session.

H.1 Mayor And Council Closing Comments. None.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 7:40 p.m.

PASSED AND APPROVED THIS 22ND DAY OF JULY, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Agenda June 3, 2010 Page 5 of 5

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, JUNE 17, 2010 AT 6:30 P.M.

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Cobby Caputo, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:35 p.m. Councilmember Caputo arrived at 6:40 p.m. Mayor Pro Tem Mitchell arrived at 8:40 p.m.

A.2 Invocation. Invocation given by Mayor Lemon.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Consideration For Approval Of A Resolution To Canvass The Run Off Election Results Of June 12, 2010 For Council Place Six. Motion to approve the Resolution to canvass the Run Off Election results from June 12, 2010 for Council Place Six.

Early Voting Election Day Total Percentage DON TRACY 265 74 339 54.77%

MARIA TALAMO 191 89 280 45.23%

City Council Minutes June 17, 2010 Page 1 of 8 Movant: Councilmember Powell Second: Councilmember Dale Vote: 5:0 with Mayor Pro Tem Fuller and Councilmember Caputo absent from meeting.

Resolution Number R152-10-06-17-A4

A.5 Recognition Of Councilmember Caputo's Service To The City Of Cedar Park. Agenda Item A.5 called after Agenda Item A.6

Mayor Lemon presented a plaque to Councilmember Caputo for his fifteen years of service to the City of Cedar Park as Council Place Six. The Mayor reflected on the eleven years he spent on the dais with Councilmember Caputo.

Sam Roberts, Assistant City Manager, presented Councilmember Caputo with a street sign, Caputo Blvd, as appreciation for his service to the City.

Brenda Eivens, City Manager, presented Councilmember Caputo with a memory book of photos depicting the many events and changes in the City of Cedar Park during his service.

Councilmember Caputo reflected on his terms on the dais, working with the current and past Councils, and thanked staff for their work.

Council also commented on their experiences on serving with Councilmember Caputo.

A.6 Official Swearing In Of Don Tracy To Council Place Six. Agenda Item A.6 called after Agenda Item A.4

The Honorable Melissa Goodwin officially swore in Don Tracy to Council Place Six.

Note: Councilmember Caputo arrived at 6:40 p.m.

A.7 Recess For Installation Of Council On Dais. Council recessed from 7:05 to 7:25 p.m. Councilmember Tracy was installed on the dais as Council Place Six.

A.8 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) None.

A.9 Mayor and Council Opening Comments. Mayor Lemon commented on the Texas Star games.

Councilmember Tracy stated he is looking forward to serving the City and being part of the team.

City Council Minutes June 17, 2010 Page 2 of 8 Councilmember Dale commented on the recent life saving actions of Ofc. Bobo and receiving the Medal of Honor, the promotional ceremonies at the Police Dept., and thanked Eddie Hurst and Linas Danilevicius for their service on the P&Z. Councilmember Powell commented on the recent events he attended, and thanked the Mayor for his State of the City address to the Chamber of Commerce.

A.10 City Manager Report: Recognition For The Retirement Of: i. Don Sevall, Building Inspections Department. Brenda Eivens, City Manager, and Mark Lewis, Building Inspections Director, presented Don Sevall with clock in recognition of his retirement from the City of Cedar Park.

A.11 City Manager Report: Recognition Of Service With The City Of Cedar Park: i. Joe Nevills, Water Reclamation, Fifteen Years Of Service. Greg White, Superintendent Water Reclamation, presented Joe Nevills with a plaque in recognition of fifteen years of service with the City of Cedar Park.

A.12 City Manager Report: Keep Texas Beautiful Grant Award Update - Yvonne Lane, Grants Coordinator. Yvonne Lane, Grants Coordinator, updated Council on the City of Cedar Park being one of ten winners of the 2010 Governor’s Community Achievement Awards for outstanding community improvement at their 43rd Annual State Conference in Austin Texas. Cedar Park will receive $250,000 for a project related to improvements along a local state right- of-way. Staff’s recommendation is the funds be used for the installation of up to six gateway entrance signs on RM1431, SH183 and 183A which is consistent with the City’s long range plans for the development of public corridor aesthetic improvements.

A.13 City Manager Report: Review Of The Monthly Financial Report Through The Month Of April 2010 - Josh Selleck, Director of Finance. Josh Selleck, Finance Director, presented the April 2010 Monthly Financial Report.

A.14 City Manager Report: Update On The July 4th Event To Be Held At Milburn Park - Curt Randa, Parks And Recreation Director. James Hemenes, Assistant Parks Director, updated Council on the activities planned for Independence Day at Milburn Park.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C, and D.

Movant: Councilmember Tracy Second: Councilmember Powell Vote: 6:0 with Mayor Pro Tem Fuller absent from meeting.

City Council Minutes June 17, 2010 Page 3 of 8 B.1 Approval Of Council Minutes From The Meeting Of April 22, 2010. Approved under the Consent Agenda.

C.0 Second Reading Of An Ordinance: No Items For Consideration.

D.1 A Resolution Authorizing And Directing City Manager To Execute A Professional Services Agreement With Dial Development Services Ltd. For Construction Observation Of The Park Street Roadway Reconstruction And Utility Improvement Project (Lakeline Blvd. To Buffalo Ave.). Approved under the Consent Agenda.

Resolution Number R153-10-06-17-D1

D.2 A Resolution Granting A Non-Exclusive License To Al Clawson Disposal, Inc. For The Collection, Transportation And Disposal Of Multi-Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R154-10-06-17-D2

D.3 A Resolution Granting A Non-Exclusive License To BFI Waste Services of Texas L.P. dba: Allied Waste Services Of Austin For The Collection, Transportation And Disposal Of Multi- Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R155-10-06-17-D3

D.4 A Resolution Granting A Non-Exclusive License To IESI Texas Corporation For The Collection, Transportation And Disposal Of Multi-Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R156-10-06-17-D4

D.5 A Resolution Granting A Non-Exclusive License To Waste Management Of Texas For The Collection, Transportation And Disposal Of Multi-Family, Industrial And Commercial Waste And Recycling Within The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R157-10-06-17-D5

D.6 Authorization To Ratify The Signing Of An Agreement By Police Chief Henry Fluck Concerning Sharing Of Warrant Information Between The Cities Of Cedar Park, Georgetown, Hutto And Round Rock On The E-Citation Devices. Approved under the Consent Agenda.

City Council Minutes June 17, 2010 Page 4 of 8 No Resolution Number assigned.

PUBLIC HEARINGS E.1 Z-10-003 First Reading And Public Hearing On An Ordinance To Rezone Approximately 4.05 Acres Of Land From Single Family (SF) To Public Service (PS), Owned By the City of Cedar Park, Located At The Northwest Corner Of Fire Lane and E. Little Elm Trail, In Williamson County, Texas. (Z-10-003) The Planning And Zoning Commission Voted To Recommend Approval Of Public Service (PS) For This Tract.

Emily Barron, Senior Planner, stated this is a City initiated zoning for City owned land. The request is to rezone approximately 4.05 acres from Single Family (SF) to Public Service (PS) for property owned by the City of Cedar Park located at the northwest corner of Fire Lane and E. Little Elm Trail. This site is the future home of the Parks Maintenance Facility.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.2 Z-10-004 First Reading And Public Hearing On An Ordinance To Assign Original Zoning of General Office (GO) For Approximately 4.8 Acres Of Land, Located At 1623 W. New Hope Drive In Williamson County, Texas. (Z-10-004) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Emily Barron, Senior Planner, stated this is a City initiated zoning to assign original zoning of General Office (GO) to approximately 4.857acres located at 1623 W. New Hope Drive. The City has initiated this case to provide consistency between the land use and the zoning of the property.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.3 First Reading And Public Hearing On An Ordinance Amending Article 12.00 Park Related Fees Of Appendix A Fee Schedule Of The City Of Cedar Park Code Of Ordinances To Amend The Fees Charged For Rosemary Denny Park Pavilions And Riviera Springs Clubhouse. James Hemenes, Assistant Parks Director, addressed Council regarding the redevelopment of Rosemary Denny Park. Staff is recommending amending the rates for the new park pavilions and clubhouse to bring the fees more inline with other facilities. Mr. Hemenes reviewed the proposed fees.

Councilmember Dale inquired what the hours are for full-day rentals.

Councilmember Powell stated the proposed rates appear to be high and inquired if the facility is not being rented in the future if Council can reconsider the fee structure.

City Council Minutes June 17, 2010 Page 5 of 8 Councilmember Moore commented on the high fees and if non-profits or the local homeowner association would receive a discount.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.4 First Reading And Public Hearing On An Ordinance Amending Chapter 3, Building Regulations Of The City Of Cedar Park Code Of Ordinances For The Purpose Of Creating Article 3.08, Irrigation Systems. Mark Lewis, Building Inspections Director, addressed Council regarding the TCEQ new rules regulating the installation and operation of residential and commercial irrigation systems. The City of Cedar Park, based on its existing regulations and enforcement programs, is and has been in effective compliance with applicable State requirements. Both TCEQ and LCRA are now requiring municipalities to consolidate irrigation related regulations into single, stand-alone ordinances.

Councilmember Dale inquired if all the items are located in the current code.

Councilmember Powell inquired if wording can be used in the City’s ordinances that automatically adopt any amended State laws.

General discussion followed pertaining to State laws and City ordinances.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.5 First Reading And Public Hearing On An Ordinance Amending Article 8.00 Utility Related Fees In Appendix A Fee Schedule Of The Code Of Ordinances Of The City Of Cedar Park To Adjust The Rates Charged For Water And Sewer Service for Municipal Facilities. Jose Selleck, Finance Director, stated this item is to complete the rate structures process for water and sewer fees. In December 2009, the City Council passed an ordinance adjusting the rates charged for water and sewer services as part of the two-phase rate increase to install an inclined block rate structure. At that time, Article 8.00 was also amended to include a “Municipal Rate” equal to the raw water and wastewater rate. The intent of the Municipal Facility Rate is to charge municipal facilities the raw water cost.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.6 First Reading and Public Hearing On An Ordinance Amending Chapter 6 Article 6.05, Farmers Market The City Of Cedar Park Code Of Ordinances For The Purpose Of Regulating The Operating Hours Of Farmers Markets.

City Council Minutes June 17, 2010 Page 6 of 8 Katherine Woerner, Assistant to the City Manager, stated this amendment is from the request to have an evening market during the weekdays.

The current ordinance permits Farmers Markets to operate within the city for a maximum of two (2) days per week and limits hours of operation to the period between 7:00 a.m. and 4:00 p.m. Staff recommends the Code be amended to allow for a weekday Farmers Market to operate between the hours of 7:00 a.m. and 8:00 p.m. Hours of operation includes set-up and tear down. The maximum number of days a Farmers Market may operate in the city remains at two (2) days.

General discussion followed regarding limiting the hours and days of the proposed markets, markets adjacent to residential areas, and items prohibited from being sold at the market.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action: No Items For Consideration.

Council convened into Executive Session at 8:40 p.m. Mayor Pro Tem Fuller arrived at 8:40 p.m.

G.0 Executive Session:

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning The Third Amendment To The Lease And Development Agreement Between The City Of Cedar Park And Hicks Cedar Park LLC.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session

City Council Minutes June 17, 2010 Page 7 of 8 Council reconvened from Executive Session into Open Meeting at 8:50 p.m.

Agenda Item G.1a Motion to authorize the City Manager to execute a Letter of Agreement with Aramark for concession services at the Cedar Park Center.

Movant: Councilmember Moore Second: Councilmember Mitchell Vote: 7:0

H.1 Mayor And Council Closing Comments. Mayor Lemon congratulated Don Tracy and welcomed him to the Council.

Mayor Pro Tem Fuller thanked Councilmember Caputo for his service to the City.

Councilmember Dale commented on the Library Foundation and the Photo Contest.

Councilmember Powell requested an item for the following agenda for the Austin Chamber of Commerce Inter City Visit. ] Councilmember Tracy also thanked Councilmember Caputo for his service.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 9:03 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes June 17, 2010 Page 8 of 8

CITY OF CEDAR PARK SPECIAL CALLED MEETING - CITY COUNCIL RETREAT FRIDAY, JUNE 18, 2010, AT 2:00 P.M. T Bar M Resort & Conference Center 2549 Hwy 46 West, New Braunfels, TX 78132

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Don Tracy, (Candidate Elect) Lowell Moore, Councilmember Place Four Councilmember Place Six Brenda Eivens, City Manager

MINUTES A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 2:00 p.m. All Council present.

B. Mayor and Council Opening Comments. None.

C. Discussion Only: 1. Review, Evaluate And Update Goals And Priorities: i) Goal 1: Strategic Prioritization Including: Utilities, Brushy Creek Regional Utility Authority, Fire Service In Extra Territorial Jurisdictions, Staffing; Current And Future Budget Planning, Annexation, Regional Planning And Participation, And Succession Planning For Council, Staff, Boards And Commissions. ii) Goal 2: Beautification Of City. iii) Goal 3: Diversified Tax Base/Balanced Land Use Including: Zoning, Comprehensive And Future Land Use Plans, And Transportation Plan. iv) Goal 4: City Facilities Including Construction, Expansion, Parkland And Future Bond Programs.

City Council Minutes June 18, 2010 Page 1 of 2

v) Goal 5: Entertainment, Destination, Culture Including: Water Park, Trails Master Plans, And Cedar Park Center. vi) Goal 6: Redevelopment/Enhancement (Public/Private) Including: Roadway Plan And Master Plan For Re-Development. vii) Goal 7: Economic Development Opportunities And Strategies. viii) Goal 8: Public Transportation, Mobility Systems Including Funding Mechanisms. No discussion.

2. Council Dynamics, Interaction and Participation With: i) Council. ii) City Staff. iii) Boards and Commissions. iv) Intra-Governmental Agencies. No discussion.

3. Insights Discovery Team Development Session i) Effective Communications And Development. General discussion facilitated by Joe Alves, EPOCH.

4. Fiscal Year 2011 Development And Process. No discussion.

D. Mayor and Council Closing Comments. Roundtable closing comments conducted.

E. Adjournment. Mayor Lemon adjourned the meeting at 8:00 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes June 18, 2010 Page 2 of 2

CITY OF CEDAR PARK CITY COUNCIL RETREAT SATURDAY, JUNE 19, 2010, AT 8:30 A.M. T Bar M Resort & Conference Center 2549 Hwy 46 West, New Braunfels, TX 78132

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Don Tracy (Candidate Elect) Lowell Moore, Councilmember Place Four Councilmember Place Six Brenda Eivens, City Manager

MINUTES A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 8:30 a.m. All Council present.

B. Mayor and Council Opening Comments. None.

vi) Goal 6: Redevelopment/Enhancement (Public/Private) Including: Roadway Plan And Master Plan For Re-Development. vii) Goal 7: Economic Development Opportunities And Strategies. viii) Goal 8: Public Transportation, Mobility Systems Including Funding Mechanisms.

General discussion followed regarding each strategic goal as set by Council. Council discussed the strategic goals for 2010-11.

2. Council Dynamics, Interaction and Participation With: i) Council. ii) City Staff. iii) Boards and Commissions. iv) Intra-Governmental Agencies. No discussion.

3. Insights Discovery Team Development Session i) Effective Communications And Development. No discussion.

4. Fiscal Year 2011 Development And Process. Brenda Eivens, City Manager, addressed Council regarding the upcoming budget process for FY2011.

Staff will begin working on the preliminary budget and meetings have been scheduled for presentation of the budget to Council. There will be a Saturday meeting scheduled for July 24, 2010 for each department to review their budget with Council.

General discussion followed on budget issues including revenues and expenditures, bond programs, and impact of FY2010 budget.

D. Mayor and Council Closing Comments. Roundtable closing comments were conducted.

E. Adjournment. Mayor Lemon adjourned the meeting at 4:00 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

______Robert S. Lemon, Mayor City Council Minutes June 19, 2010 Page 2 of 3

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes June 19, 2010 Page 3 of 3

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, JULY 8, 2010 AT 6:30 P.M.

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Don Tracy, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:36 p.m. Councilmember Dale absent, all other Council present. Councilmember Powell arrived at 6:52 p.m.

A.2 Invocation. Invocation given by City Chaplain Roger Wilson.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Cedar Park Citizen's Police Academy Alumni Association Check Presentation For K-9. Dean Young presented the Cedar Park Police Department with a check in the amount of $10,500 for funds raised for the new K-9 “Recon”.

A.5 Presentation: Check Presentation From HEB Grocery To The Parks Department For The Independence Day Fireworks Showcase. Walter Dobravolsky, HEB Cedar Park, presented Yvonne Lane, Grants Coordinator, and Curt Randa, Parks Director, with $5,000 to assist with the Independence Day Celebration at Milburn Pool.

City Council Minutes July 8, 2010 Page 1 of 8 A.6 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Robert Lee, Cedar Park, introduced himself as an applicant for the 4A or 4B Board.

Kerry Watson, Cedar Park, introduced himself as an applicant for the 4A Board.

A.7 Mayor and Council Opening Comments. Mayor Pro Tem Fuller commented on the recent activities and events he attended and thanked the Cedar Park Citizen's Police Academy Alumni Association for funding efforts for the new K-9. He requested two future agenda items for an update on the Council’s policy on board appointments and retention, and also an update on the BCRUA activities.

Councilmember Mitchell commented on the fireworks show and requested a future agenda item for zoning pertaining bed and breakfasts.

Councilmember Moore commented on the Skate Park, fireworks, and other events he had attended.

Councilmember Tracy commented on the fireworks and Cedar Park High School being ranked one of the top schools in the nation.

Councilmember Powell commented on the recent Council retreat.

A.8 City Manager Report: Update On Termination Of Fire Services Contract By Travis ESD #14 With The City Of Cedar Park. Chief Chris Connealy, Fire Department, updated Council on the activities with the Travis ESD #14 in relation to the Fire Services Contract. Staff has meet with Travis ESD #14 regarding the fees associated with the Cedar Park Fire Department providing fire services in the ETJ. A meeting was conducted on April 8th and a letter was received by Travis ESD #14 on April 28th pertaining to the fee increase by Cedar Park. On June 16th a second letter was received by the City giving a one year notice to terminate the contract by Travis ESD #14. Staff has arranged a second meeting for July 12th to further discuss. The service coverage is approximately 1700 homes and the rate is $16.97 per month, per household. The ISO rating in the ETJ will drop from the current 3 rating to a 10.

General discussion followed regarding the current rate paid by Cedar Park residents, not supplementing the rate for areas outside the City limits, and non-negotiation of the fee to provide service.

Brenda Eivens, City Manager, stated the ESD approached the City to renegotiate the fee The ESD Board is appointed by the Travis County Commissioners.

A.9 City Manager Report: Update On The Texas Department Of Transportation Pass-Through Toll Financing Program - Sam Roberts. Sam Roberts, Assistant City Manager, stated on June 24 the Texas Transportation Commission selected Cedar Park’s RM 1431 project for funding with TxDOT’s pass-

City Council Minutes July 8, 2010 Page 2 of 8 through financing program. Cedar Park’s project was one of 11 projects selected by TxDOT out of a total of 37 applications for the competitive financing program. The project as proposed is the widening of a two mile section of RM 1431 from four to six lanes from Ronald Reagan Blvd. to Sam Bass Road. The reimbursement amount shown in the minute order approved by the Transportation Commission is $10.675M which represents 80% of TxDOT’s estimate of the construction cost. This amount is $5.395M less than what was requested in the project proposal. City staff is analyzing the impact of this on the financing plan that was submitted with the application.

A.10 City Manager Report: Review Of The Monthly Financial Report Through The Month Of May 2010 - Josh Selleck, Director of Finance. Josh Selleck, Director of Finance, presented Council with the May 2010 Monthly Financial Report.

A.11 City Manager Report: Keep Texas Beautiful Award - Yvonne Lane. Yvonne Lane, Grants Coordinator, stated Mayor Pro Tem Fuller and Councilmember Tracy along with City staff attended the 2010 Keep Texas Beautiful Award ceremony on June 23rd to receive the Governor’s Community Achievement Award on behalf of the City. The City received $250,000 for corridor enhancement projects.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.7 withdrawn from the Agenda Agenda Item D.6 removed from the Consent Agenda by Mayor Pro Tem Fuller.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D excluding D.6 and D.7

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 6:0 with Councilmember Dale absent from meeting.

B.1 Approval Of Council Minutes From The Regular Called Meeting Of May 13, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Special Called Meeting Of May 18, 2010. Approved under the Consent Agenda.

B.3 Approval Of Council Minutes From The Joint Arts Advisory Board Meeting Of May 20, 2010. Approved under the Consent Agenda.

B.4 Approval Of Council Minutes From The Regular Called Meeting Of May 27, 2010. Approved under the Consent Agenda.

City Council Minutes July 8, 2010 Page 3 of 8 B.5 Receipt Of Minutes From The Cedar Park Economic Development Corporation (4A) Meeting Of May 17, 2010. Received under the Consent Agenda.

B.6 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of May 4, 2010. Received under the Consent Agenda.

B.7 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of May 18, 2010. Received under the Consent Agenda.

B.8 Receipt Of Minutes From The Tourism Advisory Board Of May 14, 2010. Received under the Consent Agenda.

C.1 Z-10-003 Second Reading And Approval Of An Ordinance To Rezone Approximately 4.05 Acres Of Land From Single Family (SF) To Public Service (PS), Owned By the City of Cedar Park, Located At The Northwest Corner Of Fire Lane and E. Little Elm Trail, In Williamson County, Texas. (Z-10-003) The Planning And Zoning Commission Voted To Recommend Approval Of Public Service (PS) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z33-10-07-08-C1

C.2 Z-10-004 Second Reading And Approval Of An Ordinance To Assign Original Zoning of General Office (GO) For Approximately 4.8 Acres Of Land, Located At 1623 W. New Hope Drive In Williamson County, Texas. (Z-10-004) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z34-10-07-08-C2

C.3 Second Reading And Approval Of An Ordinance Amending Article 8.00 Utility Related Fees In Appendix A Fee Schedule Of The Code Of Ordinances Of The City Of Cedar Park To Adjust The Rates Charged For Water And Sewer Service For Municipal Facilities.

Approved under the Consent Agenda.

Ordinance Number CO35-10-07-08-C3

D.1 A Resolution Authorizing A Special Permit To Hold A Fundraising Walk At Milburn Park. Approved under the Consent Agenda.

Resolution Number R158-10-07-08-D1

City Council Minutes July 8, 2010 Page 4 of 8 D.2 A Resolution Authorizing And Directing City Manager To Execute An Agreement For Project Representative Services With JR Tolles And Associates, LLC For Construction Observation Of The Brushy Creek Road And South Cougar Avenue Roadway, Drainage, And Utility Improvements Project. Approved under the Consent Agenda.

Resolution Number R159-10-07-08-D2

D.3 A Resolution Authorizing The Purchase Of Court Lighting For Veterans Memorial Park From Musco Sports Lighting. Approved under the Consent Agenda.

Resolution Number R160-10-07-08-D3

D.4 A Resolution For City Acceptance Of Creekview Phase 3 Subdivision Improvements. Approved under the Consent Agenda.

Resolution Number R161-10-07-08-D4

D.5 A Resolution Authorizing And Directing The Fire Chief To Apply For A 2010 Texas Intrastate Fire Mutual Aid System ("TIFMAS") Grant To Purchase Four Self Contained Breathing Apparatus (SCBA's). Approved under the Consent Agenda.

Resolution Number R162-10-07-08-D5

D.6 A Resolution Consenting To The Brushy Creek Regional Utility Authority ("BCRUA") Executing A Contract With W.L. Hailey & Company, Inc. In The Amount Of $5,511,774 For The Construction Of The BCRUA Raw Water Pipeline, Phase One - Contract 2 Project. Removed from the Consent Agenda by Mayor Pro Tem Fuller.

Mayor Pro Tem Fuller asked for this item to be removed from the Consent Agenda to give an update on the item. Of the $5.5M, Cedar Park’s portion of the cost is $78k. Phase One of the project is going well.

Motion to approve the Resolution consenting to the Brushy Creek Regional Utility Authority ("BCRUA") executing a contract with W.L. Hailey & Company, Inc. in the amount of $5,511,774 for the construction of the BCRUA Raw Water Pipeline, Phase One - Contract 2 Project

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 6:0 with Councilmember Dale absent from meeting.

Resolution Number R163-10-07-08-D6

City Council Minutes July 8, 2010 Page 5 of 8 D.7 Authorization To Approve The Absence Of Mayor Pro Tem Fuller From The Regular Scheduled Meeting Of June 17, 2010. Withdrawn from Agenda.

PUBLIC HEARINGS E.1 First Reading And Public Hearings: No Items For Consideration.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Second Reading And Consideration To Approve An Ordinance Amending Article 12.00 Park Related Fees Of Appendix A Fee Schedule Of The City Of Cedar Park Code Of Ordinances To Amend The Fees Charged For Rosemary Denny Park Pavilions And Riviera Springs Clubhouse. Curt Randa, Parks Director, stated per Council’s direction from the June 17th Council meeting, staff is proposing the following fees for non-profit and civic group rates: (Monday through Thursday only) Minimum $25 for up to two consecutive hours plus an additional $10 per hour for each additional consecutive hour with a four hour maximum.

General discussion followed regarding local cities and fee structure comparisons, building occupancy, limited parking for the park and the facility, use of pavilions, history of the park, monitoring of rentals, first-come first serve basis for pavilions, operational concerns for the park, and pricing concerns.

No action taken.

F.2 Consideration To Authorize Submission Of A Pre-Application For The U.S. Department Of Transportation - Transportation Investment Generating Economic Reinvestment II ("TIGER II") Grant Program. Sam Roberts, Assistant City Manager, addressed Council regarding CAMPO’s information regarding the upcoming transportation grant opportunity called the TIGER II Grant Program. There is a July 16th deadline for submission of a pre-application for the grant. Staff is still reviewing potential projects for submittal. One possibility that is being researched is to apply for funding for engineering and environmental costs for the RM 1431 Pass Through Financing project. These costs total approximately $2.4M and if approved this would greatly assist in providing funds for this project. There is a 20% cash match required for the grant and the funds must be available at the time of the application.

General Discussion followed regarding EPA attainment issues and possibility of splitting the cost with Williamson County.

Motion to authorize the City Manager to submit the Pre-Application for the U.S. Department of Transportation TIGER II for the 1431 corridor study.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell

City Council Minutes July 8, 2010 Page 6 of 8 Vote: 6:0 with Councilmember Dale absent from meeting.

F.3 Consideration Of A Resolution Adopting The Cedar Park Hike And Bike Trails Master Plan. Curt Randa, Parks Director, and Jim Carrillo, addressed Council regarding the final Hike and Bike Trails Master Plan. Mr. Carrillo briefly reviewed the process and the last revisions to the plan. He also addressed the on-street bike facilities and the trails recommendations.

General discussion followed regarding the inventory of streets, connection of existing trails and bike lanes.

Motion to approve the Resolution adopting the Cedar Park Hike and Bike Trails Master Plan.

Movant: Councilmember Powell Second: Councilmember Moore Vote: 6:0 with Councilmember Dale absent from meeting.

Resolution Number R164-10-07-08-F3

F.4 Consideration Of Appointing A Council Representative To Attend The Central Texas InterCity Visit. (Powell) Councilmember Powell stated he attended this event last year in Phoenix and highly recommends a Council representative attend this year. It is a great networking opportunity. The event is being held in Minneapolis. He suggested the City Manager attend if possible and maybe one or two from Council if the budget allows.

General discussion followed regarding who would like to attend and the cost.

Motion to have Mayor Pro Tem Fuller attend the 2010 Central Texas InterCity visit and if the budget allows for Councilmember Moore to attend.

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 6:0 with Councilmember Dale absent from meeting.

G.0 Executive Session

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas.

City Council Minutes July 8, 2010 Page 7 of 8 a. Legal Issues Concerning The Terms And Conditions Of The Proposed Pass-Through Toll Financing Agreement With The Texas Department Of Transportation. b. Legal Issues Concerning The Termination Of Fire Services Contract By Travis ESD #14 With The City Of Cedar Park. c. Legal Issues Concerning Chapter 4 Of The City Of Cedar Park Code Of Ordinances Pertaining To Business Regulations.

G.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property: a. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 9:26 p.m. No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Councilmember Powell asked for a future agenda item in relation to striping at Darkwoods, Brushy Creek and 183A.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 9:28 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes July 8, 2010 Page 8 of 8

MINUTES THE CITY OF CEDAR PARK CITY COUNCIL AND THE ECONOMIC DEVELOPMENT SALES TAX CORPORATION (4A) AND THE COMMUNITY DEVELOPMENT CORPORATION (4B) SPECIAL CALLED JOINT MEETING THURSDAY, JULY 15, 2010, AT 6:30 P.M. Cedar Park Recreation Center - Meeting Rooms 1435 Main Street, Cedar Park TX 78613

CITY COUNCIL Mayor Bob Lemon Lowell Moore, Place 4 Mayor Pro Tem Mitch Fuller Tony Dale, Place 5 Matt Powell, Council Place 1 Don Tracy, Place 6 Scott Mitchell, Council Place 3 Brenda Eivens, City Manager

ECONOMIC DEVELOPMENT SALES TAX CORPORATION (4A) Don Olson, President Kelly Brent, Vice President Steven Foster, Place 1 Matt Schaefer, Place 4 VACANT, Place 2

COMMUNITY DEVELOPMENT CORPORATION (4B) Brian Rice, President Maria Talamo, Vice President Audrey Wernecke, Place 1 Ryan Wood, Place 6 Kevin Harris, Place 3 Mo Jahadi, Place 7 John Allen, Place 4

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN Mayor Lemon called the Council to order at 6:39 p.m. All Council present.

Brian Rice, 4B, called the 4B to order at 6:39 p.m. Kevin Harris and John Allen absent, all other 4B board members present.

A quorum of 4A was not present; therefore 4A was not called to order. Kelly Brent present.

2. Introductions/Welcome. Roundtable introductions were completed.

Council, 4A & 4B Joint Meeting - Minutes July 15, 2010 Page 1 of 3

3. Discussion Only: a. City Council And Board Relations. Mayor Lemon asked for this item to be placed on the Agenda in order to give the Board the opportunity to discuss the relationship between the Council and the 4B Board.

General discussion followed regarding open communications, the City’s vision and Council’s strategic goals, utilizing joint meetings to address questions, disagreement by board members of the vision and the direction the City is heading in, continuation of service while in disagreement, citizen comments by board members at Council meetings, personal versus board opinions, resignation when a candidate for Council, and open dialogue between Board and Council.

b. Review And Update Of The 4A And 4B Updated Strategic Plans, Goals And Activities. c. Update On The 4A And 4B Draft FY2011 Budgets. d. 4A And 4B’s Role In Relation To An Economic Development Perspective: Long And Short Term And Leadership Role. e. Possible Funding Of Capital Assets Or Operations & Maintenance Projects By The 4B Board. f. Gateway Monument Signs For The City Of Cedar Park. Agenda Item 3B – 3F called together.

Brian Rice, 4B, reviewed the 4B’s Strategic Goals and provided an update on the activities of the Board. The proposed budget for FY2011 was reviewed with Council.

General discussion included the Keep Texas Beautiful grant and allocated funds, gateway monument signs, ISLN sign project, direction by Council on heritage projects, Steam Train request for funding, and possible funding of operation and maintenance for smaller projects.

Discussion also included the possibility of a VES type funding mechanism for the possible funding of playscape replacement, neighborhood parks focus, and the issues with the sidewalk gap closure and funding.

4. Closing Comments. Round table closing comments were conducted.

5. Adjournment. Mayor Lemon and President Brian Rice adjourned the Council and 4B at 9:35 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

Council, 4A & 4B Joint Meeting - Minutes July 15, 2010 Page 2 of 3

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

Council, 4A & 4B Joint Meeting - Minutes July 15, 2010 Page 3 of 3

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, JULY 22, 2010 AT 6:30 P.M.

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MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:32 p.m. All Council present.

A.2 Invocation. Invocation given by Mayor Lemon.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Proclamation In Recognition Of World Breastfeeding Month: Sandi Halstead- Bohac Williamson County And Cities Health District. Councilmember Powell read and presented a plaque to Sandi Halstead-Bohac, Williamson County and Cities Health District, recognizing August as World Breast Feeding Month.

A.5 Presentation: Proclamation In Recognition Of National Night Out August 3, 2010 - Cedar Park Police Department. Mayor Lemon read and presented a plaque to Chief Fluck and representatives from the Police Department for National Night Out.

City Council Minutes July 22, 2010 Page 1 of 10 A.6 Presentation: Update On The Cedar Park Organizational Development ("CPOD") Phase Two Programs: Kevin Freed, Keith Vaughn and Sara Davis. Chantele Bluiett, Human Resources and City Staff comprised of Kevin Freed - Police, Keith Vaughn - Field Operations and Sara Davis - Planning, updated Council on the activities and programs established by CPOD. The program is now entering Phase Two.

A.7 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Mike McCloskey, Census Committee, briefly updated Council on the 2010 Census.

Eric Poppa, Austin, addressed Council regarding his interest in serving on the 4A Board.

A.8 Mayor and Council Opening Comments. Mayor Lemon commented on the Chamber of Commerce Business Expo and the joint meeting held with the 4A and 4B Board.

Councilmember Tracy commented on the Leadership Cedar Park program and thanked Mayor Pro Tem Fuller for his speech to the group, riding out with the Fire and Police Department, and the groundbreaking for Phase 2 of Veterans Park.

Councilmember Dale commented on the grant given to the Library Foundation by Dell, the Chamber of Commerce Business Expo, the groundbreaking ceremony, and a future fundraising event held by the American Legion Post in Cedar Park to raise funds for the Veteran Memorial.

Councilmember Moore commented on the joint meeting with 4A and 4B and the recent BCRUA meeting.

Councilmember Mitchell commented on the art/craft show this weekend at the CPC.

Mayor Pro Tem Fuller commented on the groundbreaking for Veterans Park Phase Two, the Chamber of Commerce Cook-Off, and thanked Mary and Councilmember Dale for all their efforts with the American Legion Post in Cedar Park.

Councilmember Powell commented on the 4A and 4B joint meeting, the Chamber of Commerce Expo and addressed Invocations at Council meetings and compiling a list of all churches in Cedar Park to contact for assistance.

A.9 City Manager Report: Recognition Of Service With The City Of Cedar Park: i. Jake Parsons, Pump And Motor, Ten Years Of Service. Eric Rauschuber, Utilities Director, presented Jake Parsons with a plaque in recognition of ten years of service with the City of Cedar Park.

ii. Phil Brewer, Economic Development, Five Years Of Service. Brenda Eivens, City Manager, presented Phil Brewer with a plaque in recognition of five years of service with the City of Cedar Park.

City Council Minutes July 22, 2010 Page 2 of 10 A.10 City Manager Report: June 2010 Permit Activity And Revenue Report - Mark Lewis, Director of Building Inspections. Mark Lewis, Building Inspections Director, presented the June 2010 Permit Activity and Revenue Report to Council.

A.11 City Manager Report: Review Of Zoning Classification For Bed and Breakfasts. (Mitchell) Emily Barron, Senior Planner, stated the current zoning ordinance does allow for Bed and Breakfast venues. The Ordinance does not currently allow for this type of business in residential zoning.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.1 removed from the Consent Agenda by Mayor Pro Tem Fuller. Agenda Item D.4 removed from the Consent Agenda by Councilmember Dale.

Motion to approve all items on the Consent Agenda consisting of Agenda B, C and D, excluding Agenda Item D.1 and D.4.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

B.1 Approval Of Council Minutes From The Regular Called Meeting Of June 3, 2010. Approved under the Consent Agenda.

B.2 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of April 12, 2010. Received under the Consent Agenda.

B.3 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of May 10, 2010. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of June 14, 2010. Received under the Consent Agenda.

B.5 Receipt Of Minutes From The Arts Advisory Board Meeting Of March 4, 2010. Received under the Consent Agenda.

C.0 Second Reading Of An Ordinance: No Items For Consideration.

D.1 A Resolution Authorizing And Directing The Mayor To Execute The Emergency Notification System ("ENS") Agreement With The Capital Area Council Of Governments ("CAPCOG"). Removed from the Consent Agenda by Mayor Pro Tem Fuller Mayor Pro Tem Fuller inquired what services the fee provided for.

City Council Minutes July 22, 2010 Page 3 of 10 Assistant Chief James Mallinger, Fire Department, clarified the services provided by CAPCOG.

Motion to approve the Resolution authorizing the Emergency Notification System Agreement with the Capital Area Council of Governments.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

Resolution Number R165-10-07-22-D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute A Construction Contract With Ballou Construction Co, Inc. For The 2010 Street Rehabilitation Project In The Amount Of $271,907.80. Approved under the Consent Agenda.

Resolution Number R166-100-10-07-22-D2

D.3 A Resolution Authorizing And Directing The Mayor To Execute Amendment No. 2 To Interlocal Agreement Regarding Due Diligence Services For The Deep Water Intake Site And Supplemental No. 2 To Due Diligence Engineering Services Contract With Jacobs Engineering Group, Inc. Approved under the Consent Agenda.

Resolution Number R167-10-07-22-D3

D.4 A Resolution Authorizing And Directing The City Manager To Execute A Contract With L-3 Communications/Mobile-Vision, Inc. For The Purchase Of In Car Digital Video Recording Systems And Related Infrastructure. Removed from the Consent Agenda by Councilmember Dale. Councilmember Dale stated he requested this item be addressed due to the importance of the item.

Josh Selleck, Finance Director, reviewed the funding mechanism for the Council. This purchase will replace the current video recorders which use VHS style tapes with VCRs installed in the trunk of each police vehicle. The proposed system utilizes newer Digital Video Recording (DVR) equipment and provides a more enhanced image.

Motion to approve the Resolution authorizing the contract with L-3 Communications for the purchase of care digital video recording systems and related infrastructure.

Movant: Councilmember Dale Second: Councilmember Powell Vote: 7:0

City Council Minutes July 22, 2010 Page 4 of 10 Resolution Number R168-10-07-22-D4

D.5 Authorization To Approve The Absence Of Councilmember Dale From The Regular Scheduled Meeting Of July 8, 2010. Approved under the Consent Agenda.

No Resolution Number assigned.

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance To Rezone Approximately 0.78 Acres From Local Retail (LR) To General Retail (GR) Located At 1855 Lakeline Boulevard (Z-10-002). The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The Applicant’s Request.

Emily Barron, Senior Planner, stated the applicant has requested rezoning of property currently designated as Local Retail (LR) to General Retail (GR) located at 1855 Lakeline Boulevard. The Planning and Zoning Commission voted 6-0 to recommend approval of General Retail (GR) zoning for this tract. The applicant’s representative was available for any questions.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.2 First Reading And Public Hearing On An Ordinance Repealing Articles 9.01 Human Resources Manual, 9.02 Police Policy And Procedure Manual, 9.05 Travel And Training Policy, 9.07 Police Reserve Force And 9.08 Employee Classification And Pay Plan From Chapter 9, Human Resources From The City Of Cedar Park Code Of Ordinances. Charles Rowland, City Attorney, stated this item is a result of Council’s direction for review of the current ordinances for streamlining and efficiency. The policies are better served by Resolution. These sections do not require the ordinance structure and are therefore to be deleted from the Code of Ordinances and proposed for adoption in the resolution format by the City Council after the second reading and passage of the proposed ordinance.

Miguel Ozuna, Human Resources Director, briefly reviewed the sections being deleted in the Code of Ordinances.

Councilmember Dale commented on the review of ordinances in order to diminish duplication or accordance with State Law.

Councilmember Powell stated this is the beginning of the sunset review thru legal simplication.

Mayor Lemon opened the Public Hearing. No Citizen Comment.

City Council Minutes July 22, 2010 Page 5 of 10 Mayor Lemon closed the Public Hearing.

E.3 Public Hearing And Consideration Of A Resolution Amending The Fiscal Year 2009-10 Operations And Maintenance Budget By Transferring $25,941 From General Administration Of Which $11,738 Will Be Transferred To Building Inspections, $6,800 Will Be Transferred to Economic Development, And $7,403 Will Be Transferred To Engineering; Transferring $4,600 from Utility Billing to Utility Administration; Amending The Capital Improvement Budget By Appropriating $581,947 Of 2009 Bond Funds In The Transportation Capital Fund For The New Hope Project For Construction Engineering Costs; And Transferring $95,000 In The Utilities/Water Capital Fund From The Raw Water In-take Project To The Water-line Relocation Line. (Amendment) Josh Selleck, Finance Director, reviewed the proposed budget amendment amount and the items related to the amendment.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

Motion to approve the Resolution as presented by staff. (A Resolution Amending The Fiscal Year 2009-10 Operations And Maintenance Budget By Transferring $25,941 From General Administration Of Which $11,738 Will Be Transferred To Building Inspections, $6,800 Will Be Transferred to Economic Development, And $7,403 Will Be Transferred To Engineering; Transferring $4,600 from Utility Billing to Utility Administration; Amending The Capital Improvement Budget By Appropriating $581,947 Of 2009 Bond Funds In The Transportation Capital Fund For The New Hope Project For Construction Engineering Costs; And Transferring $95,000 In The Utilities/Water Capital Fund From The Raw Water In-take Project To The Water-line Relocation Line.)

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 7:0

Resolution Number R169-10-07-22-E3

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of Council Policy For Appointments And Retention For Boards And Commissions. (Fuller) Agenda Item F.1 called last on the Agenda prior to Executive Session.

Mayor Pro Tem Fuller asked for this item to be placed on the Agenda. From the last Council meeting it is important to address recruitment, appointments, training and retention for all the boards and commissions.

City Council Minutes July 22, 2010 Page 6 of 10 General discussion followed regarding the creation of an ordinance similar to the City of Austin’s regarding boards and commissions. Discussion also included board appointments by Council and the consideration to have the Council appoint their respective place on each board. Boards containing less than seven members would be addressed. Training for Boards could include open government training, Charter training, and the similar “On Board” training offered to City staff.

F.2 Consideration To Remove The Early Warning Sirens From Operation Within The City Of Cedar Park. Assistant Chief Mallinger, Fire Department, addressed Council regarding the removal of the current early warning sirens from operation. There are currently three sirens located in Cedar Park. The siren located at old Fire Station #1 will be removed. This will leave only two working sirens for the entire City. Asst. Chief Mallinger reviewed the costs associated with placement of the sirens, the procedure for use of the sirens, inadequacies of sirens, and the use of modern technology to alert citizens.

General discussion followed regarding the expectations of sirens, efficiencies with the use of sirens, education of citizens during inclement weather, and promotion of weather radios.

Motion to remove the Early Warning Sirens from Operation within the City of Cedar Park.

Movant: Councilmember Moore Second: Councilmember Mitchell Vote: 5:2 (by show of hands) with Councilmember Powell and Dale voting against.

Councilmember Powell stated his opposition to removing the sirens. Councilmember Dale stated he would like to see a comprehensive plan regarding the educational efforts for citizens.

F.3 Consideration Of Appointments To Committee Concerning Business Entities, Chapter 4 Of The City Of Cedar Park Code Of Ordinances. Charles Rowland, City Attorney, stated this is a continuation of the proactive approach for the comprehensive review of ordinances. A committee is needed to continue the review. It is recommended the City Attorney, Police Chief, Don Olson, Duane Smith, Mark Lewis, Councilmember Moore and Dale serve on the committee.

Motion to appoint Councilmember Dale and Moore to serve on the Committee concerning business entities.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

F.4 Consideration Of A Resolution Amending The City Of Cedar Park 2002 Collector Roadway Plan To Delete Industrial Boulevard From Bagdad Road To Bull Creek Parkway And Clover Lane From Central Drive To Industrial Boulevard.

City Council Minutes July 22, 2010 Page 7 of 10 Tom Gdala, Transportation Planner, stated this item is for Council to consider a proposed amendment to the Cedar Park Collector Plan Map. The proposal is to delete the extension of Industrial Boulevard between Bagdad Road and the existing Industrial Boulevard, and including the section between US183 and the termini of Bull Creek Parkway in Town Center. This proposal also includes the removal of the extension of Clover Lane from the northern termini of Central Drive to the mapped portion of Industrial Boulevard.

The request to remove Industrial Boulevard was recently submitted to the City by Huitt- Zollars Inc. on behalf of a potential developer of a tract of land centered between RM 1431 and New Hope Drive, and between Bagdad Road and US 183.

Citizen Comment: John Pierett, Austin, addressed Council regarding the recommendation to delete the roads. He supports the recommendation.

General discussion followed regarding development of the road to access the impacted property and traffic impact to the current roads.

Motion to approved the Resolution amending the 2002 Collector Roadway Plan to delete Industrial Boulevard from Bagdad Road to Bull Creek Parkway and Clover Lane from Central Drive to Industrial Boulevard.

Movant: Councilmember Dale Second: Mayor Pro Tem Fuller Vote: 7:0

Resolution Number R170-10-07-22-F4

F.5 Consideration To Approve An Ordinance Amending Article 12.00 Park Related Fees Of The City Of Cedar Park Code Of Ordinances To Amend The Fees Charged For Rosemary Denny Pavilions And Riviera Springs Clubhouse. Curt Randa, Parks Director, addressed the Council regarding the proposed fee structure for Rosemary Denny Park. At the last Council meeting, Council had questions pertaining to traffic and parking issues, reservations system, and the fees. Mr. Randa stated staff has addressed the issues and reviewed the site map that will be utilized for all reservations. Mr. Randa also addressed the parking and overflow available, pavilions being on a first- come first-serve basis, and the restructured fees for rental of the clubhouse.

Councilmember Dale inquired about the term “full day” and what hours that included.

Councilmember Moore stated he had met with staff to discuss parking, pedestrian traffic and signage for the park.

Motion to approve the Ordinance amending Article 12.00 Park Related Fees to amend the fees charged for Rosemary Denny Park Pavilions and Riviera Springs Clubhouse.

City Council Minutes July 22, 2010 Page 8 of 10 Movant: Councilmember Powell Second: Councilmember Moore Vote: 7:0

Ordinance Number CO36-10-07-22-F5

F.6 Update And Report On The Brushy Creek Regional Utility Authority ("BCRUA") Activities. (Fuller) Mayor Pro Tem Fuller provided an update on the activities of the BCRUA Board. Phase 1 is currently in progress. He complimented the Operations Committee for their work. Representatives from the Board have meet with State elected officials to further enhance communications about the project.

F.7 Consideration Of Intersection Pavement Markings At Darkwoods, 183A and Brushy Creek Road. (Powell) Darwin Marchell, Engineering Director, addressed Council regarding the improvements to the intersection. Temporary Vertical delineators will be used for the turn lane from Brushy Creek onto 183A or Darkwoods. This will assist with any confusion by the drivers and eliminate vehicle congestion. The Brushy Creek Road project will have a raised curb and gutter in the final plan. Mr. Marchell also addressed the realignment of the on ramp to 183A.

G.0 Executive Session

G.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property: a. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

City Council Minutes July 22, 2010 Page 9 of 10 H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 10:02 p.m.

No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Councilmember Moore requested future agenda items in relation to the condition of Hwy 183 paving, a yield sign at the 183A Lakeline exit, and a report on emergency weather radios.

Councilmember Powell asked for a future agenda in relation to the TxDOT signage for northbound 183 traffic.

Mayor Lemon stated the Planetarium Ad Hoc Committee would be meeting on Thursday, July 29th.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 10:08 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes July 22, 2010 Page 10 of 10

MINUTES SPECIAL CALLED CITY COUNCIL MEETING SATURDAY, JULY 24, 2010, AT 9:00 A.M. CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell , Councilmember Place Three Don Tracy, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN Mayor Lemon called the meeting to order at 9:08 a.m. All Council present.

2. Pledges Of Allegiance. Council led the Pledges of Allegiance.

3. Mayor and Council Opening Comments. Roundtable opening comments were conducted.

4. Discussion Only: a. FY 2010/11 Proposed Annual Budget. b. General Discussion On Budget Issues. c. Revenues And Expenditures Of General Fund Unreserved Fund Balance. d. Revised Transportation Project Prioritization Matrix.

Agenda Items 4A – 4D called together.

Brenda Eivens, City Manager, provided a general overview for the FY2010/11 budget process.

Josh Selleck, Finance Director, reviewed for Council the FY2010 Year-End projections.

City Council Minutes July 24, 2010 Page 1 of 3

Mr. Selleck presented the first stage and preliminary draft for the FY2011 budget. The theme for the FY2011 proposed budget is “Sustaining the Core”. The proposed revenues and expenditures were reviewed. Currently there is a gap between the two numbers which will be addressed in the future by Staff and Council. Mr. Selleck reviewed the interactive spreadsheets that will assist Council with their assessment of the budget.

Council recessed from 10:52 a.m. to 11:00 a.m. Council resided in Executive Session from 11:00 a.m. to 11:05 .m.

Presentation of Departmental Budgets began.

Council recessed from 12:00 p.m. to 12:26 p.m. Presentations of Departmental Budgets resumed.

General Discussion followed regarding revenues and expenditures overall and department specific, Utility Fund Review, 4A and 4B Board proposed Budgets, capital improvements, and the transportation matrix.

Note: Mayor Lemon left meeting at 12:00 p.m. Mayor Pro Tem called the meeting back to order at 12:26 p.m.

Council convened into Executive Session at 11:00 a.m. 5. Executive Session: a. Section § 551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas: i. Legal Issues Concerning The Terms And Conditions Of The Meet And Confer Proposed Agreement Between The Cedar Park Police Association And The City Of Cedar Park.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

6. Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session. Council reconvened from Executive Session into Open Meeting at 11:05 a.m. City Council Minutes July 24, 2010 Page 2 of 3

No action taken on any item discussed in Executive Session.

Council resumed discussion on Agenda Items 4.A – 4.D.

7. Mayor and Council Closing Comments. Council thanked staff for providing their time on a Saturday to attend the meeting.

8. Adjournment. Mayor Pro Tem Fuller adjourned the meeting at 2:05 p.m.

PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes July 24, 2010 Page 3 of 3

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, AUGUST 12, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. All Council present.

A.2 Invocation: Cantor Marie Betcher, Congregation Shir Ami. Cantor Marie Betcher, Congregation Shir Ami, gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Texas Parks And Wildlife Department's Texas Paddling Trails (TPT) Program - Darla McDonnell, Row Paddle Brushy Creek. Darla McDonnell, Row Paddle Brushy Creek, addressed Council regarding the Texas Parks and Wildlife Trails Program. She reviewed the process and criteria needed in order to receive the designation and also explained the benefits of being a recipient of the designation. She seeks Council’s support of having Brushy Creek Lake Park submitted for designation.

A.5 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Adam Story, Cedar Park Firefighters Association Local 4233, addressed Council regarding the support of a future agenda item for Meet and Confer for the Fire Department.

City Council Minutes August 12, 2010 Page 1 of 14

A.6 Mayor and Council Opening Comments. Councilmember Powell commented on the Cedar Park Center being the new home for the Austin Toros and requested a future agenda for a presentation by the Toros.

Mayor Pro Tem Fuller commented on the National Night Out event, meeting with Kirk Watson on behalf of the BCRUA, Rosemary Denny Park ribbon cutting and requested a future agenda item regarding a 5K race for Veterans Day.

Councilmember Mitchell commented on the recent meeting of CAMPO, funding for Keen on Clean and placing the work force study for the central Texas area on the City’s website.

Councilmember Moore commented on the renovation of Rosemary Denny Park and complimented the Parks Department. He also commented on the National Night Out Event.

Councilmember Dale welcomed the Boy Scouts in attendance at the meeting and commented on the Rosemary Denny Park ribbon cutting, the movie premier held on behalf of military families, and receipt of the Women in Power Award by Brenda Eivens. He requested a future agenda regarding the current recycling program for a report on the usage and statistics.

Councilmember Tracy commented on the National Night event and complimented Phil Brewer for the Austin Business Journal cover.

A.7 City Manager Report: Review Of The Quarterly Investment Report For The Period Of March 31, 2010 To June 30, 2010. Josh Selleck, Finance Director, presented the quarterly investment report to the Council. Howie Herring, Patterson and Associates, was available for questions.

A.8 City Manager Report: Review Of The Monthly Financial Report Through The Month Of June 2010 - Josh Selleck, Director of Finance. Josh Selleck, Finance Director, presented the monthly financial report to the Council.

A.9 City Manager Report: Update On US 183 Signage, Striping And Paving - Darwin Marchell. a. Southbound 183A Yield Sign At Avery Ranch. (Moore) b. Lane Patches On US 183. (Moore) c. Signage On Northbound US 183. (Powell) Darwin Marchell, Engineering Director, updated Council on the items related to US 183 signage, striping and paving. According to the Manual of Uniform Traffic Control Devices a yield sign is not required at the southbound 183A Toll exit ramp to southbound US183 near Riviera Drive

Councilmember Powell stated he had been in contact with the CTRMA and although it is not required they agreed it would be a good idea and would be installing the sign.

City Council Minutes August 12, 2010 Page 2 of 14 Mr. Marchell continued with the issues regarding the pavement patches on US 183/Bell Boulevard. Upon conversations with TxDOT, the patches were strictly for maintenance purposes and TxDOT maintenance crews will be leveling up the uneven areas in the next three weeks. TxDOT also commented that US183 had been overlaid approximately 8-12 years ago. The Georgetown Area Office prioritizes the roadways and submits to the District office who in return compiles a priority list for all eleven (11) counties based upon review. This specific project has not been selected in the past for funding.

The last item pertains to TxDOT signage and the request to add Cedar Park to the roadway signs. According to TxDOT guidelines, if a destination City is to be displayed on sign, the sign is required to show the next County seat on that highway. TxDOT prefers showing the next County seat along the route, even if it is two counties away, or just the route number and direction. New signs would be approximately $5,000 each and lane closures will cost about $900 each. If the City still wants to propose sign changes, it would need to be submitted in writing.

Councilmember Powell commented on the cost of the signs and would like to pursue even if on a state level.

A.10 City Manager Report: Possible Amendment To Chapter 6 Article 6.05, Farmers Market Of The City Of Cedar Park Code Of Ordinances For The Purpose Of Regulating The Operating Hours Of Farmers Markets. Mark Lewis, Building Inspections Director, addressed Council regarding the proposed amendments to the Farmers Market ordinance. The proposed amendment will modify the hours of market operations. The proposed amendment was modified after the June 17th Council meeting in order to allow for uniform operating hours that will accommodate both morning and afternoon/evening markets. Hours of market operation shall be limited to the period between seven (7) AM and four (4) PM including set up and tear down.

A second question raised during the June 17th public hearing dealt with allowable days of operation. The current ordinance limits a market’s operations to a maximum of 2-days per week. Staff recommends leaving this regulation in place. Mr. Lewis reviewed the issues dealing with parking, bathroom facilities and electricity of more permanent venues. Limiting a market’s operation to no more than two days a week helps ensure that it will function as an “event” type market rather than becoming a permanent, but substandard, business location.

A.11 City Manager Report: Report On City Council Retreat Follow-Up a. Feral Cats Trap-Neuter-Release (“TNR”) Program. Katherine Woerner, Assistant to the City Manager, addressed Council regarding the Trap- Neuter-Release Program. There are options related to programs for feral cats. Options include programs that utilize non-profit monitoring groups, targeted enforcement by Animal Control for non-private areas, and ordinance modification related to prohibiting the feeding or sheltering of feral cats.

b. Computer Aided Dispatch Program Financing. City Council Minutes August 12, 2010 Page 3 of 14 Brenda Eivens, City Manager, stated the debt has been paid off in relation to the current computer aided dispatch program financing.

c. Cedar Park Center First Year Summary. Phil Brewer, Economic Development Director, provided Council with an update on the first year of operation for the Cedar Park Center. Mr. Brewer reviewed the many events held at the center and the attendance average for the events and the use of the City’s suite.

Councilmember Powell inquired if the Suite Policy needed to be reviewed or modified. Mr. Rowland stated the current policy does not need any modification and meets law.

d. Assistant City Attorney. Charles Rowland, City Attorney, stated the Legal Department has hired a new Assistant City Attorney, J.P. LeCompte. Mr. LeCompte will start on Monday, August 16th and staff is looking forward to his arrival.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.6 removed from the Consent Agenda by Councilmember Powell. Agenda Item D.13 removed from the Consent Agenda by Staff.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D, excluding Agenda Items D.6 and D.13.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

B.1 Approval Of Council Minutes From The Regular Called Meeting Of June 17, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Special Called Meeting Of June 18, 2010. Approved under the Consent Agenda.

B.3 Approval Of Council Minutes From The Special Called Meeting Of June 19, 2010. Approved under the Consent Agenda.

B.4 Approval Of Council Minutes From The Regular Called Meeting Of July 8, 2010. Approved under the Consent Agenda.

B.5 Approval Of Council Minutes From The Special Called Joint 4A And 4B Meeting Of July 15, 2010. Approved under the Consent Agenda.

City Council Minutes August 12, 2010 Page 4 of 14 B.6 Approval Of Council Minutes From The Regular Called Meeting Of July 22, 2010. Approved under the Consent Agenda. B.7 Approval Of Council Minutes From The Special Called Meeting Of July 24, 2010. Approved under the Consent Agenda.

B.8 Receipt Of Minutes From The Cedar Park Community Development Corporation Meeting Of April 13, 2010. Received under the Consent Agenda.

B.9 Receipt Of Minutes From The Cedar Park Community Development Corporation Meeting Of May 11, 2010. Received under the Consent Agenda.

B.10 Receipt Of Minutes From The Cedar Park Community Development Corporation Meeting Of June 8, 2010. Received under the Consent Agenda.

B.11 Receipt Of Minutes From The Cedar Park Community Development Corporation Meeting Of June 22, 2010. Received under the Consent Agenda.

B.12 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of June 15, 2010. Received under the Consent Agenda.

B.13 Receipt Of Minutes From The Planning And Zoning Commission Special Called Meeting Of June 15, 2010. Received under the Consent Agenda.

B.14 Receipt Of Minutes From The Tourism Advisory Board Meeting Of June 4, 2010. Received under the Consent Agenda.

C.1 Second Reading And Approval Of An Ordinance To Rezone Approximately 0.78 Acres From Local Retail (LR) To General Retail (GR) Located At 1855 Lakeline Boulevard (Z-10-002). The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The Applicant’s Request.

Approved under the Consent Agenda.

Ordinance Number Z37-10-08-12-C1

C.2 Second Reading And Approval Of An Ordinance Repealing Articles 9.01 Human Resources Manual, 9.02 Police Policy An Procedure Manual, 9.05 Travel And Training Policy, 9.07 Police Reserve Force And 9.08 Employee Classification And Pay Plan From Chapter 9, Human Resources From The City Of Cedar Park Code Of Ordinances. Approved under the Consent Agenda.

City Council Minutes August 12, 2010 Page 5 of 14 Ordinance Number CO38-10-08-12-C2

D.1 A Resolution Approving A Travel Policy For The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R171-10-08-12-D1

D.2 A Resolution Approving An Investment Policy And Strategy Guidelines For The City Of Cedar Park. Approved under the Consent Agenda.

Resolution Number R172-10-08-12-D2

Motion to reconsider Agenda Item D.2. (Made after Agenda Item F.5 and F.6)

Movant: Councilmember Dale Second: Councilmember Tracy Vote: 7:0

Councilmember Dale asked for this item to be reconsidered in order to delete from the policy any references to mortgage back securities and collateralized mortgage obligations (CMOs)

Motion to remove the mortgage back securities and collateralized mortgage obligations (CMOs) from the Investment Policy and Strategy Guidelines for the City of Cedar Park and approve as amended.

Movant: Councilmember Dale Second: Mayor Pro Tem Fuller Vote: 7:0

D.3 A Resolution Approving The Appointment Of Josh Selleck, Finance Director, As An Alternate Board Member For The City Of Cedar Park To The Williamson County Regional Animal Shelter Board. Approved under the Consent Agenda.

Resolution Number R173-10-08-12-D3

D.4 A Resolution Authorizing The Amendment To The 2010-11 Victim Coordinator And Liaison Grant Adding Josh Selleck, Finance Director, As The Official Designee For Signature. Approved under the Consent Agenda.

Resolution Number R174-10-08-12-D4

D.5 A Resolution Authorizing The Purchase Of Digital Ticket Writer Systems And Related Infrastructure.

City Council Minutes August 12, 2010 Page 6 of 14 Approved under the Consent Agenda.

Resolution Number R175-10-08-12-D5

D.6 A Resolution Authorizing The Nomination Of Coreslab Structure (Texas), Inc. As An Enterprise Project Pursuant To Chapter 2303, Subchapter F Of The Texas Enterprise Zone Act, Texas Government Code. Removed from the Consent Agenda by Councilmember Powell.

Phil Brewer, Economic Development Director, addressed Council regarding Coreslab’s nomination as an Enterprise Project. This program, adopted by Council on February 25th, 2010, allows for municipalities to designate zones or projects for the State’s Enterprise program which provides tax relief for qualified applicants. The City has determined Coreslab Structure meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act.

Motion to approve the Resolution authorizing the nomination of Coreslab Structure as an Enterprise Project pursuant to Chapter 2303, Subchapter F, of the Texas Enterprise Zone Act.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

Resolution Number R176-10-08-12-D6

D.7 A Resolution Amending The Future Land Use Plan For Property Located At Cypress Creek Road And Lakeline Boulevard From Neighborhood Office/Retail/Commercial To Regional Office/Retail/Commercial. (The Planning And Zoning Commission Voted To Recommend Approval Of The Amendment).

Approved under the Consent Agenda.

Resolution Number R177-10-08-12-D7

D.8 A Resolution Authorizing And Directing The City Manager To Execute An Agreement With CDW-G For The Amount of $79,930 For The Purchase Of A Data Storage Network. Approved under the Consent Agenda.

Resolution Number R178-10-08-12-D8

D.9 A Resolution Authorizing A Special Permit To Hold A Skateboard Competition At Brushy Creek Sports Park. Approved under the Consent Agenda.

Resolution Number R179-10-08-12-D9

City Council Minutes August 12, 2010 Page 7 of 14 D.10 A Resolution Authorizing A Budget Amendment To The Brushy Creek Regional Utility Authority's Fiscal Year 2010 Budget. Approved under the Consent Agenda.

Resolution Number R180-10-08-12-D10

D.11 A Resolution Approving The Proposed 2011 Operating Budget For The Brushy Creek Regional Utility Authority. Approved under the Consent Agenda.

Resolution Number R181-10-08-12-D11

D.12 A Resolution Approving Revisions To The Bylaws Of The Brushy Creek Regional Utility Authority, Inc. Approved under the Consent Agenda.

Resolution Number R182-10-08-12-D12

D.13 A Resolution Authorizing And Directing The City Manager To Apply For A Capital Area Council Of Government ("CAPCOG") Regional Homeland Security Grant Associated With The Fire Department For Equipment And Training For The Cedar Park Community Emergency Response Team ("CERT"), Teen Advocates For Community Safety ("TACS") Program, And On Behalf Of Expanding Cert Programs In Williamson County In The Amount Of $30,887. Removed from the Consent Agenda by Staff.

Josh Selleck, Finance Director, stated this item was removed from the Consent Agenda by Staff. The amount of the grant request was amended after the publication of the Council packet. The amount of the grant request was updated to $33,462. Staff is recommending approval of the Resolution.

Motion to approve the Resolution as amended. (A Resolution Authorizing And Directing The City Manager To Apply For A Capital Area Council Of Government ("CAPCOG") Regional Homeland Security Grant Associated With The Fire Department For Equipment And Training For The Cedar Park Community Emergency Response Team ("CERT"), Teen Advocates For Community Safety ("TACS") Program, And On Behalf Of Expanding Cert Programs In Williamson County In The Amount Of $33,462.)

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

Resolution Number R183-10-08-12-D13

City Council Minutes August 12, 2010 Page 8 of 14 D.14 A Resolution Approving The Selection Of Lott, Vernon & Company, P.C. As The City's Audit Firm For Fiscal Year 2010, With The Option Of Auditing The Financial Statements For One Subsequent Year. Approved under the Consent Agenda.

Resolution Number R184-10-08-12-D14

D.15 A Resolution Adopting the City of Cedar Park Human Resources Manual. Approved under the Consent Agenda.

Resolution Number R185-10-08-12-D15

D.16 A Resolution Authorizing And Directing The City Manager To Negotiate And Execute An Engineering Services Agreement With AECOM For The Design of the New Hope Drive (Bagdad Rd. to Lakeline Blvd.) Reconstruction Project. Approved under the Consent Agenda.

Resolution Number R186-10-08-12-D16

D.17 A Resolution Consenting To The Brushy Creek Regional Utility Authority Executing A Contract With JR Tolles & Associates, LLC In The Amount Of $117,000 For Inspection and Observation Services For The BCRUA Raw Water Pipeline, Phase 1 – Contract 2 Project. Approved under the Consent Agenda.

Resolution Number R188-10-08-12-D17

PUBLIC HEARINGS E.1 First Reading And Public Hearing: No Items For Consideration.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of A Resolution Awarding Construction Bid For The Brushy Creek Road (183A To Parmer Lane) Reconstruction Project Conditioned Upon Final Approval By The Texas Department Of Transportation (TXDOT). Darwin Marchell, Engineering Director, stated this project is for the reconstruction and widening of Brushy Creek Road from a 2-lane undivided roadway to a 4-lane divided roadway with a raised median, wide outside lanes, sidewalk, and illumination between 183A and Parmer Lane. Since the project is being partially funded with federal funds, the project must go through the TxDOT bidding and letting process, including TxDOT oversight throughout the duration of construction. The duration of the project is expected to last 498 days.

Bids were opened on August 10th and RGM Constructors L.P. submitted the lowest responsive base bid in the amount of $7,556,012.56.

City Council Minutes August 12, 2010 Page 9 of 14

Motion to approve a Resolution awarding a construction bid for the Brushy Creek Road Reconstruction Project of RGM Constructors LP in the amount of $7,555,012.56, conditioned on final approval by the Texas Department of Transportation.

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 7:0

Resolution Number R187-10-08-12-F1

F.2 Consideration Of A Resolution Approving Business Points For The RM1431 Pass Through Toll Financing Agreement With The Texas Department Of Transportation. Sam Roberts, Assistant City Manager, addressed Council regarding the negotiations meetings with TxDOT where two counter proposals were presented to TxDOT. The overall cost of the project was decreased from $18.3M to $17M.

The second proposal was agreed to that will leave the reimbursement at 80% but have TxDOT provide the construction engineering and inspection services instead of the City. Mr. Roberts reviewed the specifics and advantages to the second proposal.

Mr. Roberts further addressed the Environmental Assessment (“EA”) and approvals that the City will be responsible for conducting as part of the project. Staff is recommending conditions be placed in the Resolution that will address the EA limit issue be resolved prior to the definitive agreement being approved by the City.

Discussion followed regarding the starting and ending points for the Environmental Assessment study and possible delays for the project due to the study.

Motion to approve a Resolution approving business points for the RM1431 Pass Through Toll Financing Agreement with the Texas Department of Transportation.

Movant: Mayor Pro Tem Fuller Second: Councilmember Tracy Vote: 7:0

Resolution Number R191-10-08-12-F2

F.3 Consideration To Designate Council Representation On A Design Review Committee For Gateway/Entryway Signs. Duane Smith, Planning Director, this item is to provide the opportunity for Council to consider designation of representation on a “Design Review Committee”. The purpose of the Design Review Committee is to work with staff and the selected firm to provide oversight of the design process for the Gateway/Entryway signs for the City of Cedar Park. There are three members from the 4B Corporation and two members from the Public Arts Commission Two representatives from Council need to be appointed.

City Council Minutes August 12, 2010 Page 10 of 14

Mayor Lemon inquired who would like to serve on the Committee. Councilmembers Powell and Tracy expressed interest in serving.

Motion to designate Councilmember Powell and Councilmember Tracy to serve as Council Representation on the Design Review Committee for Gateway/Entryway Signs.

Movant: Mayor Pro Tem Fuller Second: Councilmember Dale Vote: 7:0

F.4 Consideration Of An Ordinance Pertaining To The Appointment, Training And Retention Of City Of Cedar Park Boards, Commissions And Ad Hoc Committees. Brenda Eivens, City Manager, addressed the ordinance used by the City of Austin pertaining to Boards and Commissions.

General discussion followed pertaining to appointments made by Council to Boards by their respective place, yearly appointments as opposed to two year staggered terms, term limits, nomination and approval process, hierarchy of boards, emphasis on training for all Board members, components of training, removal of members mid-term, application process and guidelines, and appointment to current boards.

No action taken.

F.5 Discussion Of The Fiscal Year 2011 Proposed Budget. Agenda Item F.5 and F.6 called together. Refer to Agenda Item F.6 for discussion.

F.6 Consideration Of Setting a Maximum Proposed Tax Rate for Tax Year 2010 And Fiscal Year 2010-2011 And Scheduling Two Public Hearings On The Tax Rate. Agenda Item F.5 and F.6 called together.

Josh Selleck, Finance Director, reviewed for Council the effective and rollback rates, proposed enhancements to the budget, the proposed General Fund budget and the proposed Utility Fund budget. The first reading and public hearing will be at the August 26th Council meeting.

General discussion followed regarding the fund balance percentage levels, incremental tax increases and possibility of funding smaller projects with the next bond takedown.

Note: Motion to reconsider Agenda Item D.2.

Movant: Councilmember Dale Second: Councilmember Tracy Vote: 7:0

City Council Minutes August 12, 2010 Page 11 of 14

Refer to Agenda Item D.2 for reconsideration and action taken.

G.0 Executive Session:

G.1 Section §551.071 (1) Consultation With Attorney Concerning Contemplated Litigation. a. Equal Employment Opportunity Commission Claim #31C-2010-00-774 Oliver Basey.

G.2 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning The Request For A Cost Share Agreement By Pohl Partners For Construction Of Little Elm Trail. b. Legal Issues Concerning The Operational And System Procedures For Prosecution At Municipal Court.

G.3 Section §551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Acquisition Of Properties For The Brushy Creek Road East Reconstruction Project. b. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 11:35 p.m.

Agenda Item G.3a

Motion to approve a Resolution authorizing the City Manager to execute a purchase contract for one tract of land owned by the Cedar Park Church of Christ which is necessary for the construction of the Brushy Creek Road (Parmer Lane to Arrowhead Trail) Reconstruction Project.

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 7:0

City Council Minutes August 12, 2010 Page 12 of 14

Resolution Number R190-10-08-12-G3a

Agenda Item G.3b

Motion for the City Manager to be authorized to enter into leases substantially on terms as discussed in Executive Session and as approved by the City Attorney, for all rights necessary for the City to establish an emergency floating raw water intact on Parcels 3, 4, 5, 6 and 7 of the City’s Contingent Intake Relocate Project , and further that the pending eminent domain matters concerning these parcels be subsequently dismissed on the terms and conditions discussed in Executive Session

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

Agenda Item G.3a

Motion to approve a Resolution authorizing the City Manager to execute a purchase contract for three tracts of land owned by the Ranch at Brushy Creek Homeowners Association which are necessary for the construction of Brushy Creek Road (Parmer Lane to Arrowhead Trail) Reconstruction Project.

Movant: Councilmember Tracy Second: Councilmember Dale Vote: 7:0

Resolution Number R189-10-08-12-G3a

H.1 Mayor And Council Closing Comments. Councilmember Powell requested a future agenda item for an update on the Planetarium Committee.

Mayor Pro Tem Fuller asked for a future agenda item pertaining to Meet and Confer for the Fire Department.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 11:45 p.m.

PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2010.

______Robert S. Lemon, Mayor

City Council Minutes August 12, 2010 Page 13 of 14

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes August 12, 2010 Page 14 of 14

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, AUGUST 26, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. Councilmember Moore absent from meeting. Councilmember Powell arrived at 9:35 p.m.

A.2 Invocation. A moment of silence was held in honor of fallen Officer Leonard Reed.

Invocation given by Pastor Rick Spencer with New Hope First Baptist Church.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Check Presentation By The Dell Foundation To The Cedar Park Public Library Foundation- Michele Glaze, Executive Director. Michele Glaze, Executive Director of the Dell Foundation, and Michael Gleason presented a check in the amount of $50,000 to the Cedar Park Library Foundation. This is the fifth time for the Library to receive the grant.

A.5 Presentation: Update On The Austin Toros Relocation To The Cedar Park Center - Peter Lubell, Chief Operating Officer. (Powell)

City Council Minutes August 26, 2010 Page 1 of 9 Peter Lubell, Chief Operating Officer for the Austin Toros, addressed Council regarding the Toros move to the Cedar Park Center. The Toros are excited about becoming a part of the community.

A.6 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Nancy McDonald, Clean Air Force of Central Texas, addressed Council regarding the EPA standards that will be issued October 2010. The Clean Air Force of Central Texas is prepared to assist with air quality programs.

A.7 Mayor and Council Opening Comments. Mayor Lemon and the Council reflected on the life of Officer Leonard Reed and the contributions he made not only to the City of Cedar Park but also all the citizens and students he impacted.

A.8 City Manager Report: July 2010 Permit Activity And Revenue Report - Mark Lewis, Director of Building Inspections. Mark Lewis, Building Inspections Director, reviewed the July 2010 Permit Activity and Revenue Report.

A.9 City Manager Report: Update On The September 2010 Special Events - Curt Randa, Parks And Recreation Director. a. SplashJam At Milburn Park On September 5. Curt Randa, Parks Director, invited everyone to attend the Splash Jam Event being held on September 5th at Milburn Park.

b. Bydee Art Festival At Milburn Park On September 18. Geraldine Smythe, Arts Advisory Board, addressed Council regarding the new direction for the Bydee Festival. The Arts Advisory Board is working with the Parks Department to broaden the event and focus on the many aspects of art. The event is being moved to Milburn Park for additional room. There will different areas set up to distinguish the arts from the crafts. The arts will include visual and performance arts with an interactive area for children. The focus for the festival is to enhance the arts and also provide an international influence.

A.10 City Manager Report: Update On The Veterans Day 5K Run - Curt Randa, Parks And Recreation Director. (Fuller) Curt Randa, Parks Director, said staff is in the planning stages for the 5K race potentially to be held on November 7th. This will be a shadow run with the Gambler Guns stationed in Afghanistan. Potential aspects of the race include a fun run that will allow for all abilities to participate. The event location has been confirmed for Brushy Creek Lake Park and Trails. Due to the 9½ hour time difference, the start time is still being coordinated.

A.11 City Manager Report: Update on Residential Single Stream Recycling Usage. (Dale)

City Council Minutes August 26, 2010 Page 2 of 9 Jose Madrigal, Assistant City Manager, provided the background for single stream recycling. Recycling previously averaged 98 tons a month. With single stream recycling, the volume increased to 252 tons. The program is deemed to be very successful.

David Schenk, Cedar Park Disposal, discussed the recycling facility currently in the planning stages to be located in Williamson County.

John Raven, Operations Manager for Cedar Park Disposal, stated he will be in charge of the design of the facility and the day-to-day operations. This will be a single stream recycling facility and the project is expected to take 9-12 months to complete.

A.12 City Manager Report: Status Update On The Implementation Of The Transportation Energy Efficiency Grant - Eric Rauschuber. Brian Vanderwalle, Traffic Engineer with Kimley Horn, addressed Council regarding the Transportation Energy Efficiency Grant. The existing traffic signal system is comprised of 17 currents lights maintained by the City, 3 future lights maintained by the City, 26 TxDOT maintained lights and 4 CTRMA lights. There are three projects that include the TxDOT signal system upgrade, the energy efficiency community block grant and the transportation energy efficiency grant. Mr. Brian Vanderwalle reviewed the components of each of the projects.

A.13 City Manager Report: Introduction Of J.P. LeCompte, Assistant City Attorney. Charles Rowland, City Attorney, introduced J.P. LeCompte who started on August 16th as the new Assistant City Attorney.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.1 removed from the Consent Agenda by Mayor Pro Tem Fuller.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C, and D, excluding Agenda Item D.1

Movant: Mayor Pro Tem Fuller Second: Councilmember Dale Vote: 5:0 with Councilmembers Powell and Moore absent from meeting.

B.1 Receipt Of Minutes From The Arts Advisory Board Meeting Of June 25, 2010. Received under the Consent Agenda.

B.2 Receipt Of Minutes From The Cedar Park Community Development Corporation (4B) Meeting Of July 21, 2010. Received under the Consent Agenda.

City Council Minutes August 26, 2010 Page 3 of 9 C.1 Second Reading And Approval Of An Ordinance Amending Chapter 3, Building Regulations Of The City Of Cedar Park Code Of Ordinances For the Purpose of Creating Article 3.08, Irrigation Systems. Approved under the Consent Agenda

Ordinance Number CO39-10-08-26-C1

C.2 Second Reading And Approval Of An Ordinance Amending Chapter 6, Article 6.05, Farmers Markets Of The City Of Cedar Park Code Of Ordinances For The Purpose Of Regulating The Operating Hours Of Farmers Markets. Approved under the Consent Agenda

Ordinance Number CO40-10-08-26-C2

D.1 A Resolution Authorizing And Directing The Mayor To Execute A Corridor Enhancement Project Agreement Between The Cedar Park Community Development (4B) Board And Danny Bell, Owner Of Real Property On North Bell Boulevard For The Expenditure Of 4B Funds To Provide An Economic Development Incentive For The Construction Of Improvements Through A Corridor Enhancement Project At 104/106 North Bell Boulevard. Removed from the Consent Agenda by Mayor Pro Tem Fuller.

Mayor Pro Tem Fuller praised the 183 Enhancement Program and the impact it is making on 183. 4B is to be commended for funding this program.

Motion to approve a Resolution Authorizing And Directing The Mayor To Execute A Corridor Enhancement Project Agreement Between The Cedar Park Community Development (4B) Board And Danny Bell, Owner Of Real Property On North Bell Boulevard For The Expenditure Of 4B Funds To Provide An Economic Development Incentive For The Construction Of Improvements Through A Corridor Enhancement Project At 104/106 North Bell Boulevard.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 5:0 with Councilmembers Powell and Moore absent from meeting.

Resolution Number R192-10-08-26-D1

D.2 A Resolution Authorizing And Directing The City Manger To Execute A Utility Easement With Pedernales Electric Cooperative, Inc. For The Dies Elevated Storage Tank. Approved under the Consent Agenda

Resolution Number R193-10-08-26-D2

D.3 A Resolution Authorizing and Directing The City Manager to Execute a Professional Services Agreement With Dial Development Services Ltd. For Construction Observation for the Brushy Creek Road (183A to Parmer Lane) Reconstruction Project in the Amount of $117,980.

City Council Minutes August 26, 2010 Page 4 of 9 Approved under the Consent Agenda

Resolution Number R194-10-08-26-D3

D.4 A Resolution Approving Benchmark Cities for Use in Comparative Analysis and Research. Approved under the Consent Agenda

Resolution Number R195-10-08-26-D4

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance To Amend The Code Of Ordinances Chapter 1 General Administration, Article 1.01 For The Purposes Of Adding Section 1.01.010 To Provide For The Authorization Of Code Enforcement Officers And Building Inspectors To Issue Citations For Violations Of A City Ordinance Or A Code Adopted Pursuant To A City Ordinance. Charles Rowland, City Attorney, stated this ordinance will allow the City’s Code Enforcement Officers and Building Inspectors to issue citations to help enforce the Code of Ordinances.

Mayor Lemon opened the Public Hearing. No citizen comment. Mayor Lemon closed the Public Hearing.

E.2 First Reading And Public Hearing On An Ordinance To Amend The Code Of Ordinances Chapter 8 Offenses And Nuisances For The Purposes Of Adding Article 8.09, Illegal Smoking Products, To Prohibit The Use, Purchase, Possession And Sale of the Synthetic Cannabinoid Known Or Sold Under Such Names As "K-2," "K-2 Summet," "K-2 Sex," "Genie," "Dascents," "Zohai," "Sage," "Spice," "KO Knock-Out," "Spice Gold," "Spice Diamond," "Yucatan Fire," "Solar Ice," "Pep Spice," "Fire N' Ice," And "Salvia Divinorum." J.P. LeCompte, Assistant City Attorney, addressed the Council regarding the synthetic cannabinoid known under various names. Due to the danger of the substance, cities are beginning to ban the use, purchase, possession and sale. Mr. LeCompte reviewed the cities in Texas who have passed regulatory legislation.

Mayor Lemon opened the Public Hearing. No citizen comment. Mayor Lemon closed the Public Hearing.

E.3 First Reading And Public Hearing On An Ordinance Adopting A Municipal Operating Budget For The Fiscal Year Beginning October 1, 2010, And Ending September 30, 2011; Adopting A Municipal Capital Budget For The Fiscal Year Beginning October 1, 2010, And Ending September 30, 2011; Appropriating Funds In Accordance With The Budget; Providing For Effective Date And Ordaining Other Related Matters. Josh Selleck, Finance Director, presented Council with the proposed budget for Fiscal Year 2011. “Sustaining the Core” is the theme for the FY2011 budget. The proposed revenues for FY2011 are $27,276,070. Mr. Selleck provided a review of the revenue streams for the

City Council Minutes August 26, 2010 Page 5 of 9 City of Cedar Park. The proposed expenditures for FY2011 are $28,775,049. Mr. Selleck reviewed the General Fund Expenditure increases. Departmental budget information was provided to Council in the form of interactive work sheets that included information on assumptions, adjustments to base, enhancements and options.

General discussion followed regarding: Addition of Computer Aided Dispatch (Williamson County Public Safety Technology Project), Emergency Management Coordinator, Heavy Equipment Operator and Park Maintenance Worker. Benchmark cities and comparisons to Cedar Park. Possibility of using other funding sources (4A, 4B And Tourism) for certain expenditures. Consideration of a zero percentage tax increase. City’s commitment to new parks and facilities and the need to fund operation and maintenance costs. Impact of the decreases in Ad Valorem collected by the City. Entities in central Texas contemplating tax increases. Fund balance basics and percentage to maintain, theories and policies. Enhancements in the past being one time funding items.

Mr. Selleck addressed the fund balance and possible decreases that will impact future obligations such as the Pass Thru Toll Agreement in future years.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

E.4 First Reading And Public Hearing On An Ordinance To Consider A Tax Rate Of $0.491501; Increase The Total Tax Revenues Of The City Of Cedar Park; And Levy Taxes For The Year 2010/2011. Josh Selleck, Finance Director, addressed Council regarding the tax rates. The current tax rate for the City of Cedar Park is $.489001/$100 of valuation: Maintenance and Operation (M&O) $.248783/$100 and Interest and Sinking - Debt (I & S) $.240218/$100.

Mr. Selleck reviewed for Council the effective tax rate of $.525102, and the roll back rate of $.52403. The proposed tax rate for Fiscal Year 2011 is $.491501/$100 of valuation, or M&O $.249408/$100 and I&S $.242093/$100. This is a .0025 proposed increase or a $3 variance from the current rate.

Upon Council’s discussions regarding the Budget in Agenda Item E.3 and possible additions from the enhancement listings, the proposed tax rate would be $.496501/$100 of valuation.

Mayor Lemon inquired about having the highest tax rate published in the newspaper. Mayor Lemon opened the Public Hearing. No Citizen Comment.

City Council Minutes August 26, 2010 Page 6 of 9 Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Identification Of Arterial Priority Areas For Pedestrian Facility Construction Including Sidewalk Gap Closures. Tom Gdala, Planner, addressed Council regarding the lapses in sidewalks in Cedar Park. At the joint meeting with the 4A and 4B Board, Council asked for additional information pertaining to the lack of sidewalk completion in certain areas. The majority of identified pedestrian gaps front vacant land, which will have sidewalks provided when adjacent development occurs. There are three areas associated with the sidewalk gaps (1) sidewalks to be completed by the City and not associated with a roadway improvement, (2) sidewalks associated with a roadway improvement, and (3) sidewalks that are the responsibility of a developer which have an identified pedestrian need.

Mr. Gdala reviewed the matrix for the sidewalk gap inventory. The 4B Corporation has approved funding of approximately $170,000 for sidewalk gaps as identified by staff for targeted completion.

Councilmember Dale commented on the matrix and the seven projects that are City dependent sidewalks.

No action taken.

F.2 Consideration Of The Recommendation To The Community Development (4B) Corporation Regarding A Request For A Feasibility Study Related To An Observatory, Planetarium and Science Center. Mayor Lemon updated Council on the Ad Hoc Committee working on the Planetarium/Science Center. The Committee met on July 29, 2010 and approved to recommend to Council that Council request the 4B Board fund feasibility studies with three components that include an Observatory, Planetarium and Science Center.

General discussion followed regarding the cost of the feasibility studies, the scope of the feasibility studies, responsibility for scope of work, and use of Ad Hoc Committee to define scope and parameters and involvement with the entire project.

Mo Jhadi, Ad Hoc Committee 4B Board Representative, addressed Council regarding the feasibility study and the possible scope of work.

General discussion continued regarding education versus a destination focus, modular or phased in approach for development, definition of stake holders, private and/or public partnerships, possibility of grants, size of vision, and cost to build and operation, responsibilities of the City, and possible impact to tax rate and the budget.

City Council Minutes August 26, 2010 Page 7 of 9 Motion to table Agenda Item F.2 pending further discussion and coordination of the Mayor’s Ad Hoc Committee to the first meeting of November.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 5:0 with Councilmembers Powell and Moore absent from meeting.

F.3 Consideration Of Planning & Zoning Commission Recommended Appointments By Mayor Lemon For Place 7 And By Councilmember Scott Mitchell For Place 3. Mayor Lemon stated Council had previously discussed the possibility of appointments to the Boards and Commission being made by the Councilmember residing in the associated place. There are currently two vacancies on the Planning & Zoning Commission that need to be filled. Mayor Lemon proposes that he appoint Place 7 and Councilmember Mitchell appoint Place 3. Due to the current vacancies, the P&Z Commission is facing quorum issues and being able to meet.

Motion to appoint Stephen Thomas to Place 7 on the Planning and Zoning Commission.

Movant: Mayor Lemon Second: Councilmember Dale Vote: 5:0 with Councilmembers Powell and Moore absent from meeting.

Motion to appoint Alan Yore to Place 3 on the Planning and Zoning Commission.

Movant: Councilmember Mitchell Second: Mayor Pro Tem Fuller Vote: 5:0 with Councilmembers Powell and Moore absent from meeting.

Note: Councilmember Powell arrived at 9:35 p.m.

Council convened into Executive Session at 9:38 p.m.

G.0 Executive Session:

The Council Reconvenes into General Session.

City Council Minutes August 26, 2010 Page 8 of 9

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 10:16 p.m.

No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Councilmember Powell commented on Officer Reed and the memorial service.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 10:20 p.m.

PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2010

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes August 26, 2010 Page 9 of 9

CITY OF CEDAR PARK SPECIAL CALLED MEETING COUNCIL AND STAFF PROFESSIONAL DEVELOPMENT WORKSESSION MONDAY, AUGUST 30, 2010, AT 3:00 P.M. Cedar Park Recreation Center Meeting Rooms 1435 Main Street, Cedar Park TX 78613

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Don Tracy, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

MINUTES A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 3:20 p.m. All Council present.

B. Mayor and Council Opening Comments. Roundtable introductions were conducted.

C. Presentation: Models For Decision Making In The Public Sector, Dr. Nalbandian, University of Kansas. Agenda Item C presented in conjunction with Agenda Items D1-D3.

D. Discussion Only: 1. Review, Evaluation And Utilization Of Techniques For Decision Making Models In The Public Sector. 2. Aligning Roles Of Governing Body And Staff. 3. Professional Development And Interaction By Council And Staff. Agenda Items D.1, D.2 and D.3 discussed together.

Dr. Nalbandian, University of Kansas, presented information regarding the models for decision making in the public sector. Information presented and discussed in roundtable format included overall objectives in public administration, values, City Council Minutes August 30 2010 Page 1 of 2

efficiencies in politics, governing bodies and working conditions, productive working conditions, aligning expectations and contributions, characteristics of politics and administration, facilitating roles and case studies.

General discussion followed.

Council recessed from 6:00 p.m. to 6:30 p.m. Mayor Lemon left meeting at 6:30 p.m. After recess Mayor Pro Tem Fuller called meeting back to order.

E. Mayor and Council Closing Comments. Roundtable closing comments were conducted.

F. Adjournment. Mayor Pro Tem Fuller adjourned the meeting at 8:10 p.m.

PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes August 30 2010 Page 2 of 2

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, SEPTEMBER 9, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting order at 6:32 p.m. All Council present.

A.2 Invocation: Mayor Lemon. Mayor Lemon gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Nicholas Rhodes, Cedar Park, addressed Council regarding the current ordinance pertaining to mobile food vendors. He asked for Council to review the ordinance to allow food vendors to sell food in smaller business parking lots.

A.5 Mayor and Council Opening Comments. Mayor Lemon commented on the Splash Jam event held at Milburn Park over Labor Day weekend.

Councilmember Dale commented on the water and wastewater services being online during the flood, recognized American Legion Day and Constitution Day, and requested a future

City Council Minutes September 9, 2010 Page 1 of 10 agenda item for an update on the report from a past Council meeting regarding drainage issues.

Councilmember Moore commented on the recent flooding in Cedar Park.

Councilmember Mitchell commented on the grand opening scheduled for the new Fire Station #1 and the Splash Jam event.

Mayor Pro Fuller thanked the Parks Department for their efforts at Splash Jam and commented on the flood in Cedar Park and impacted counties.

Councilmember Powell commented on the floods, the impact to Cedar Park and the efforts of the City to assist with the clean up.

A.6 City Manager Report: New Fire Station #1 Grand Opening And September 11th Commemoration. Chief Chris Connealy, Fire Department, invited everyone to attend the Grand Opening for the newly constructed Fire Station #1 and September 11th Commemoration Ceremony scheduled for Saturday, September 11th at 10:00 a.m.

A.7 City Manager Report: Update On The Parks And Recreation Department's Interim Use Of Old Fire Station One - Jose Madrigal, Assistant City Manager. Jose Madrigal, Assistant City Manager, updated Council on the use for former Fire Station #1. The one story building currently encroaches into the Capital Metro right-of-way and will not be used. The second building will be used to store equipment and vehicles for the Parks Maintenance Department and will also allow for office space.

A.8 City Manager Report: August 2010 Permit Activity And Revenue Report - Mark Lewis, Director Of Building Inspections. Mark Lewis, Building Inspections Director, provided Council with the August 2010 Permit Activity and Revenue Report.

A.9 City Manager Report: Update On A Transit Service Expansion Proposal From Capital Metro. Jose Madrigal, Assistant City Manager, addressed Council regarding the proposal from Capital Metro for the expansion of transit services in Cedar Park. Council in November 2008 adopted a transit plan that outlined a two bus flex route service running during the peak travel times during the work week. These travel times were identified as Monday thru Friday from 6am to 9am and 4pm to 7pm. The two routes ran along 183, 1431 and Lakeline before connecting to the Lakeline station. Due to the annual operating costs received from Capital Metro the City chose not to implement the plan.

Capital Metro has now proposed a new plan that will utilize a current route that travels through Cedar Park. This route currently originates in Lago Vista and travels through Cedar Park. The proposal calls for a flex route service with four (4) bus stops. The route would enter Cedar Park from the west on 1431 and then 183 south to the Lakeline Station. The route details can be worked on with Capital Metro. This service would be available

City Council Minutes September 9, 2010 Page 2 of 10 Monday thru Friday from 5am to 9pm. Staff has approached Austin Community College in Cedar Park regarding a possible cost share situation with one stop being at the Cedar Park campus. Mr. Madrigal reviewed the costs associated with the proposed plan. Without ACC, the cost will be $125,392 (capital and operational). If ACC were agreeable to contribute to this program the cost will be $86,544 (operational and capital).

Meredith Hightower, Capital Metro, addressed Council regarding the proposed plan and further explained the flex routes and times.

Council inquired about the proposed ridership levels, partnering with Austin Community College, possible partnerships with the Walmart in Cedar Park and the possibility of rate locks.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Mayor Lemon removed Agenda Item C.2 from the Consent Agenda.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D excluding C.2.

Movant: Mayor Pro Tem Fuller Second: Councilmember Tracy Vote: 7:0

B.1 Approval Of Council Minutes From The Regular Scheduled Meeting Of August 12, 2010. Approved under the Consent Agenda.

B.2 Receipt Of Minutes From The Cedar Park Economic Development Corporation (4A) Meeting Of June 21, 2010. Received under the Consent Agenda.

B.3 Receipt Of Minutes From The Tourism Advisory Board Meeting Of July 9, 2010. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Tourism Advisory Board Meeting Of July 28, 2010. Received under the Consent Agenda.

B.5 Receipt Of Minutes From The Arts Advisory Board Meeting Of August 4, 2010. Received under the Consent Agenda.

City Council Minutes September 9, 2010 Page 3 of 10 C.1 Second Reading And Approval Of An Ordinance To Amend The Code Of Ordinances Chapter 1 General Administration, Article 1.01 For The Purposes Of Adding Section 1.01.010 To Provide For The Authorization Of Code Enforcement Officers And Building Inspectors To Issue Citations For Violations Of A City Ordinance Or A Code Adopted Pursuant To A City Ordinance. Approved under the Consent Agenda.

Ordinance Number CO41-10-09-09-C1

C.2 Second Reading And Approval Of An Ordinance To Amend The Code Of Ordinances Chapter 8 Offenses And Nuisances For The Purposes Of Adding Article 8.09, Illegal Smoking Products, To Prohibit The Use, Purchase, Possession And Sale of the Synthetic Cannabinoid Known Or Sold Under Such Names As "K-2," "K-2 Summet," "K-2 Sex," "Genie," "Dascents," "Zohai," "Sage," "Spice," "KO Knock-Out," "Spice Gold," "Spice Diamond," "Yucatan Fire," "Solar Ice," "Pep Spice," "Fire N' Ice," And "Salvia Divinorum." Agenda Item C.1 removed from the Consent Agenda.

Citizen Communication:

Melanie Adams, Cedar Park, addressed Council regarding removing the references of salvia divinorum and Salvinorin A from the proposed ordinance.

Tom Schwerdt, Cedar Park, is against the ordinance and stated it is not the City’s business to regulate.

Charles Rowland, City Attorney, asked for this item to be tabled until Legal can review the concerns raised under Citizen Communication.

Motion to table Agenda Item C.2 until the next possible meeting pending legal review.

Movant: Councilmember Mitchell Second: Councilmember Moore Vote: 7:0

D.1 A Resolution Authorizing And Directing The City Manager To Execute A License Agreement Between The City OF Cedar Park And The Carriage Hills Homeowners Association, Inc. For The Purpose Of Allowing Mailbox Shelter Installations In The 1400 Block Of Cedar Crest Drive, 1900 Block Of Timberview Lane And 2000 Block Of Timberwood Drive. Approved under the Consent Agenda.

Resolution Number R196-10-09-09-D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute A Supplemental Agreement With Kimley-Horn and Associates, Inc. Under The Brushy Creek Road (183A to Parmer Lane) Reconstruction Project In The Amount Of $59,785. Approved under the Consent Agenda.

City Council Minutes September 9, 2010 Page 4 of 10

Resolution Number R197-10-09-09-D2

D.3 A Resolution Authorizing And Directing The City Manager To Negotiate And Execute An Engineering Services Agreement With URS For The Design of the New Hope Drive (Bagdad Rd. to Lakeline Blvd.) Reconstruction Project. Approved under the Consent Agenda.

Resolution Number R198-10-09-09-D3

D.4 Authorization To Excuse The Absence Of Councilmember Moore From The Regular Scheduled Meeting Of August 26, 2010. Approved under the Consent Agenda.

No Resolution number assigned.

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending Article 17.03: (Speed Limits) Of The Code Of Ordinances Of The City Of Cedar Park, Texas, To Establish A Temporary Construction Speed Zone Of 40 Miles Per Hour On Brushy Creek Road From Darkwoods Drive To Parmer Lane. Tom Gdala, Planner, stated the construction on Brushy Creek Road from Darkwoods Drive to Parmer Lane will begin shortly. This ordinance is to establish and set the temporary construction zone speed limit of 40 miles per hour. The school zones will remain at 30 miles per hour during the posted effective hours. Upon completion of the construction the temporary construction speed limit will expire and the prima facie speed limit for the reconstructed section will become 45 miles per hour.

General discussion followed pertaining to the current speed limit, the proposed prima facie speed limit after construction is completed, and the design of roads.

Mayor Lemon opened the Public Hearing.

Citizen Comment: Dan Boehm, Cedar Park, addressed Council regarding the low speed limits on certain roads.

Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration To Approve The City Council Goals And Strategies For 2011.

City Council Minutes September 9, 2010 Page 5 of 10 Brenda Eivens, City Manager, stated Council reviewed the goals and strategic map for 2011 at the retreat in June. The goals are divided into eight (8) categories. This document is utilized not only by staff but also the boards and commissions for Cedar Park.

Motion to approve the City Council Goals and Strategies for 2011.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

F.2 Final Reading And Public Hearing For The Consideration Of An Ordinance Adopting A Municipal Operating Budget For The Fiscal Year Beginning October 1, 2010, And Ending September 30, 2011; Adopting A Municipal Capital Budget For The Fiscal Year Beginning October 1, 2010, And Ending September 30, 2011; Appropriating Funds In Accordance With The Budget; Providing For Effective Date And Ordaining Other Related Matters. Josh Selleck, Finance Director, addressed Council regarding the second and final reading of the ordinance to adopt the FY2011 budget. Mr. Selleck reviewed the funding sources and revenues for current Fiscal Year 2010 and the proposed revenues for Fiscal Year 2011. FY2010 revenues were $28.5M and FY11 is $28.8M.

Councilmember Dale inquired how sales tax projections are calculated.

Mr. Selleck reviewed the two proposed tax rates from Council’s discussion from the August 26th Council meeting. The two rates were the original proposed rate of $.491501 and the modified rate of $.496501. The current tax rate is $.489001.

Mr. Selleck reviewed the FY10 expenditures and the proposed FY11 expenditures. The modified rate will allow the funding of three positions to include an Emergency Management Coordinator, Heavy Equipment Operator and a Parks Maintenance Worker. Also reviewed were the Utility Fund, 4A and 4B Budget, Debt Service Summary and Capital Improvement Projects Summary.

Mayor Lemon opened the Public Hearing. No Citizen Comment. Mayor Lemon closed the Public Hearing.

General discussion followed regarding: Maintaining the current tax rate of $.489001. Sales tax and clarification of the policy for projecting future revenues. Proposed three enhancements for Emergency Management Coordinator Heavy Equipment Operator and the Parks Maintenance Worker. Local entities and tax increases. Decreased ad valorem taxes and properties under protest. Impact to City by maintaining the same tax rate for three years. Decrease of future revenue streams in FY11. Operation and maintenance costs for City facilities and projects.

City Council Minutes September 9, 2010 Page 6 of 10

“Sustaining the Core” theme. Review of financial impact to homeowners. Planning on a year-to-year basis.

Motion to approve an ordinance adopting the Fiscal Year 2010/2011 proposed budget with the adjustments stated in the agenda item and the adjustments to the General Fund for health insurance savings, salary savings, Emergency Management Coordinator, Heavy Equipment Operator and Parks Maintenance Worker for a proposed General Fund Budget appropriation of $28,872,472 and total Operating Budget appropriation of $94,064,403; and total Capital Budget appropriation of $97,059,316.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 4:3 Mayor Lemon, Mayor Pro Tem Fuller, Councilmembers Mitchell and Moore in favor. Councilmembers Powell, Dale and Tracy against.

Ordinance Number BF43-10-09-09-F2

Motion to ratify the property tax increase reflected in the budget.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 4:3 Mayor Lemon, Mayor Pro Tem Fuller, Councilmembers Mitchell and Moore in favor. Councilmembers Powell, Dale and Tracy against.

F.3 Final Reading And Public Hearing For The Consideration Of An Ordinance To Adopt A Tax Rate Of $0.496501; Increase The Total Tax Revenues Of The City Of Cedar Park; And Levy Taxes For The Year 2010/2011. Josh Selleck, Finance Director, stated this is now the formal action to adopt the tax rate of $.493501 per $100 of valuation.

Mayor Lemon opened the Public Hearing.

Citizen Comment Dan Boehm, Cedar Park, addressed Council regarding the budget process being confusing to citizens and the assumption the tax rate was going down.

Mayor Lemon closed the Public Hearing.

City Council Minutes September 9, 2010 Page 7 of 10 General discussion followed regarding the proposed tax rate.

Motion to approve an ordinance adopting the FY2010/11 Ad Valorem Rate with an operations and maintenance rate of $.251408/100 and a interest and sinking rate of $.242093/100 for a total Ad Valorem rate of $.493501/100.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 4:3 Mayor Lemon, Mayor Pro Tem Fuller, Councilmembers Mitchell and Moore in favor. Councilmembers Powell, Dale and Tracy against.

Ordinance Number BF44-10-09-09-F3

F.4. Consideration To Approve The Meet And Confer Agreement Between The Cedar Park Police Association And The City Of Cedar Park. Miguel Ozuna, Human Resources Director, addressed Council regarding the Meet and Confer Agreement between the Cedar Park Police Association and the City of Cedar Park. Mr. Ozuna briefly reviewed the three changes to the agreement. The Cedar Park Police Association conducted a department wide election of the majority of eligible sworn officers for the acceptance or denial of the Meet and Confer agreement. A majority of eligible sworn officers voted in favor of the measure. The agreement is for October 1, 2010 through September 30, 2011.

Brenda Eivens, City Manager, provided a history of the meet and confer process for the Police Department.

Motion to approve the Meet and Confer Agreement between the Cedar Park Police Association and the City of Cedar Park.

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 7:0

F.5 Consideration Of The Petition For Recognition Of The Cedar Park Professional Firefighters Association As The Sole and Exclusive Bargaining Agent For Cedar Park Firefighters. Miguel Ozuna, Human Resources Director, addressed Council regarding the petition received on August 26th by the Cedar Park Professional Firefighters Association to be recognized as the Sole Exclusive Bargaining Agent for Meet and Confer rights between the City and the Cedar Park Firefighters. The petition has been verified and a majority of the firefighters have signed.

Brenda Eivens, City Manager, stated the Council has 30 days after receipt to take action. The actions include granting recognition, deferring granting recognition and order an election of the voters, or order a certification election.

City Council Minutes September 9, 2010 Page 8 of 10

Adam Story, President Cedar Park Professional Firefighters Association, stated the petition was signed and is supported by a majority of the firefighters.

Motion to approve Agenda Item F.5

Movant: Councilmember Mitchell Second: Councilmember Powell Vote: 7:0

Note: Agenda Item F.5 recalled after Executive Session.

Motion to reconsideration Agenda Item F.5

Movant: Councilmember Dale Second: Mayor Pro Tem Fuller Vote: 7:0

Motion to grant recognition of the Cedar Park Professional Firefighters Association as the sole and exclusive bargaining agent for the Cedar Park Firefighters as recognized in the petition for meet and confer.

Movant: Councilmember Dale Second: Mayor Pro Tem Fuller Vote: 7:0

Councilmember Powell clarified the reconsideration is for proper forum to recognize the petition for meet and confer. Accepted as a friendly amendment by the Movant and Second.

G.0 Executive Session:

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning The Lease And Development Agreement Between The City Of Cedar Park And Hicks Cedar Park LLC Including The Third Amendment.

The Council Reconvenes into General Session.

City Council Minutes September 9, 2010 Page 9 of 10 OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 10:16 p.m.

Agenda Item G.1a

Motion to authorize the City Manager to execute the third amendment to the Lease and Development Agreement between the City of Cedar Park and Hicks Cedar Park LLC upon final approval of the City Attorney.

Movant: Councilmember Powell Second: Councilmember Moore Vote: 7:0

Note: Agenda Item F.5 recalled after Executive Session. Refer to Agenda Item F. 5 for discussion and action taken.

H.1 Mayor And Council Closing Comments. Mayor Pro Tem Fuller reminded everyone of the new Fire Station #1 grand opening and 9-11 ceremony on Saturday.

Mayor Lemon commented on the budget process and the many hours spent working on the document.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 10:25 p.m.

PASSED AND APPROVED THIS 7TH DAY OF OCTOBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes September 9, 2010 Page 10 of 10

AGENDA THE CITY OF CEDAR PARK CITY COUNCIL SPECIAL CALLED MEETING SATURDAY, SEPTEMBER 11, 2010 AT 10:00 A.M. Cedar Park Fire Station #1– 503 Brushy Creek Road, Cedar Park TX 78613

Mayor Bob Lemon Lowell Moore, Place 4 Mayor Pro Tem Mitch Fuller Tony Dale, Place 5 Matt Powell, Place 1 Don Tracy, Place 6 Scott Mitchell, Place 3 Brenda Eivens, City Manager

THE CITY OF CEDAR PARK WILL BE HOSTING A GRAND OPENING AND COMMEMORATION CEREMONY FOR SEPTEMBER 11TH.

MINUTES

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN

The ceremony began at 10:00 a.m. Councilmember Mitchell absent. All other Council present.

2. Welcome And Opening Comments. Chief Chris Connealy welcomed everyone and introduced Council and City staff. Council made opening remarks on new Fire Station #1 and reflected on the lives lost on September 11th.

3. Discussion Only: a. History Of Cedar Park Fire Station #1 Project. Brenda Eivens, City Manager, Emily Truman, Engineering, Assistant Chief Mallinger, and Chief Connealy commented on the overall project.

b. Grand Opening Ceremonial Hose Un-Coupling And Quint #1 Push. Council completed the ceremonial hose un-coupling and with assistance from the community children pushed the Quint (Fire Truck) into the Fire Station.

c. Remembrance And Acknowledgement Of September 11th and Fallen First Responders. Council assisted with the reading of names for each fallen First Responder from September 11th.

4. Closing Comments. None.

FS #1 Grand Opening September 11, 2010

5. Adjournment. The ceremony ended at 11:45 p.m.

PASSED AND APPROVED THIS 7TH DAY OF OCTOBER, 2010

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

FS #1 Grand Opening September 11, 2010

CITY OF CEDAR PARK SPECIAL CALLED CITY COUNCIL MEETING BRUSHY CREEK ROAD RECONSTRUCTION PROJECT FRIDAY, SEPTEMBER 17, 2010, AT 4:00 P.M. 708 Lynnwood Trail, Cedar Park TX 78613 (Corner of Lynnwood Trail and Brushy Creek Road)

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Don Tracy, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

THE CITY OF CEDAR PARK WILL BE HOSTING A GROUND BREAKING CEREMONY FOR THE BRUSHY CREEK ROAD RECONSTRUCTION PROJECT.

MINUTES

A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Council will be present at the ground breaking ceremony for the Brushy Creek Road Reconstruction Project being held on Friday, September 17, 2010, at 4:00 p.m. located at 708 Lynnwood Trail, at the corner of Lynnwood Trail and Brushy Creek Road. The ceremony began at 4:00 p.m. Mayor Pro Tem Fuller, Councilmembers Powell, Moore and Dale present. Mayor Lemon, Councilmembers Mitchell and Tracy not present.

B. Mayor And Council Opening Comments. Council comments made under Items C1 – C4.

C. Discussion Only: 1. Current and Future Roadway Projects. 2. Capital Improvement Projects. 3. Regional Mobility And The Transportation Master Plan. 4. Council Strategic Map and Goals. Brushy Creek Road Project September 17, 2010 Page 1 of 2

Council comments were made regarding the timeline for the project; the use of Federal money, regional efforts with Williamson County, and the benefits of the road once the project is completed.

D. Mayor And Council Closing Comments. None.

E. Adjournment. Ceremony ended at 4:30 p.m. ]

PASSED AND APPROVED THIS 7TH DAY OF OCTOBER, 2010

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

Brushy Creek Road Project September 17, 2010 Page 2 of 2

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, SEPTEMBER 23, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:33 p.m. All Council present. Councilmember Dale arrived at 8:00 pm.

A.2 Invocation: Mayor Lemon. Mayor Lemon gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Cedar Park Youth League Activity Update - Dan Fiala. Withdrawn from Agenda.

A.5 Presentation: Overview Of The Upper Brushy Creek Water Control Improvement District: Mike Erdmann. Agenda Item A.5 called after Agenda Item A.7

Mr. Michael Erdmann, Upper Brushy Creek Water Control Improvement District, reviewed for Council the function and design of the dams operated and maintained by the Upper Brushy Creek Water Control Improvement District. Mr. Erdmann explained the functions of the 50 year old dams did exactly what they were designed to do with the recent flood. There are no mechanical gates with the dam system however, rain is stored and once

City Council Minutes September 23, 2010 Page 1 of 10 reaches capacity comes over the emergency spillway and continues to the next stage on the dam system. He displayed aerial photos of the Cedar Park area and the recent flooding.

A.6 Presentation: A Proclamation Recognizing October 3-9, 2010 As Fable Fest Week - Cedar Park Public Library. Mayor Lemon read and presented a Proclamation recognizing October 3-9, 2010 as Fable Fest Week in Cedar Park to Pauline Lam, Library Director, and representatives from the Library Foundation.

A.7 Presentation: A Proclamation Recognizing October 2010 As Crime Prevention Month - Cedar Park Police Department. Mayor Lemon read and presented a Proclamation recognizing October 2010 as Crime Prevention Month to Chief Fluck and representatives from the Cedar Park Citizen Police Academy Alumni Association.

A.8 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Lisa Isham, Cedar Park, addressed Council regarding the flooding on W. Park Street and Prize Oak Drive and issues with the culverts.

Bob Flynn, Cedar Park, addressed Council regarding the Home Occupation Ordinance and the restriction of direct sales.

Nancy Wilson, Cedar Park, addressed Council regarding the flooding on Prize Oak Drive.

A.9 Mayor and Council Opening Comments. Mayor Lemon requested two future agenda items pertaining to drainage and also home occupations. He also commented on the recent BYDEE festival.

Mayor Pro Tem Fuller commented on the events he had recently attended and asked for future agenda items pertaining to the tourism strategy and process, Council Goal #5 and the Parks Master Plan.

Councilmember Powell commented on the recent rain and flooding in Cedar Park, Fire Station #1 and Brushy Creek Road ceremonies, and recognized Macy Hurwitz for being the Statesman Employee of the Month.

Councilmember Tracy commented on the Fire Station #1 ceremony.

Councilmember Moore requested two agenda items pertaining to the Tourism Board vacancy and the Boards appointment process.

A.10 City Manager Report: Update On Fable Fest Event: Pauline Lam, Library Director. Pauline Lam, Library Director, and characters from Fable Fest updated Council on the activities planned for the event. The event will be held on October 9th at Heritage Park.

City Council Minutes September 23, 2010 Page 2 of 10 A.11 City Manager Report: After Report On Tropical Storm Hermine. Brenda Eivens, City Manager, updated Council on the aftermath and clean up efforts from Tropical Storm Hermine.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.5 removed from the Consent Agenda by Councilmember Powell.

Motion to approve all items on the Consent Agenda consisting of Agenda Item B, C and D excluding Agenda Item D.5

Movant: Mayor Pro Tem Fuller Second: Councilmember Tracy Vote: 6:0 with Councilmember Dale absent from meeting.

B.1 Approval Of Council Minutes From The Regular Scheduled Meeting Of August 26, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Special Called Meeting Of August 30, 2010. Approved under the Consent Agenda.

B.3 Receipt Of Minutes From The Parks And Recreation Advisory Board Meeting Of July 12, 2010. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Cedar Park Community Development Corporation (4B) Meeting Of August 10, 2010. Received under the Consent Agenda.

C.1 Second Reading And Approval Of An Ordinance Amending Article 17.03: (Speed Limits) Of The Code Of Ordinances Of The City Of Cedar Park, Texas, To Establish A Temporary Construction Speed Zone Of 40 Miles Per Hour On Brushy Creek Road From Darkwoods Drive To Parmer Lane. Approved under the Consent Agenda.

Ordinance Number CO43-10-09-23-C1

D.1 A Resolution Authorizing A Special Permit To Hold A 26.2 Mile Run (Marathon) At Brushy Creek Lake Park. Approved under the Consent Agenda.

Resolution Number R200-10-09-23-D1

D.2 A Resolution Authorizing A Special Permit To Hold A Skateboard Competition At Brushy Creek Sports Park.

City Council Minutes September 23, 2010 Page 3 of 10 Approved under the Consent Agenda.

Resolution Number R201-10-09-23-D2

D.3 A Resolution Setting A Date, Time, And Place For Public Hearings On The Petition By Nancy Brassfield For Voluntary Annexation Of Approximately 3.75 Acres Of Land Located On The West Side Of Toro Grande Boulevard Just North Of The City Limits Line. (ANX-10-001). Approved under the Consent Agenda.

Resolution Number R202-10-09-23-D3

D.4 A Resolution Approving A Change In The Tariffs Of Atmos Energy Corporation, Mid-Tex Division ("Atmos"), As A Result Of A Settlement Between Atmos And The Atmos Texas Municipalities ("ATM"); Finding The Rates Set By The Attached Tariffs To Be Just And Reasonable; Finding That The Additional Cost For Replacing Steel Service Lines Is Appropriate And Is Approved Subject To A Prudence Review: Finding That The Continuation Of The Rate Review Mechanism ("RRM"), As Amended, For Two Years Is Reasonable; Requiring Delivery Of The Resolution To The Company And Legal Counsel. Approved under the Consent Agenda.

Resolution Number R203-10-09-23-D4

D.5 A Resolution Consenting To The Brushy Creek Regional Utility Authority Executing A Contract With Excel Construction Services, LLC In The Amount of $3,807,500.00 For The Construction Of The BCRUA Raw Water Floating Intake, Phase One - Contract 3 Project. Removed from the Consent Agenda by Councilmember Powell.

Councilmember Powell stated due to the amount of the contract he removed the item from the Consent Agenda. The City’s cost of the entire contract is only 15%.

Motion to approve the Resolution consenting to the BCRUA executing a contract with Excel Construction Services LLC in the amount of $3,807,500 for the construction of the BCRUA Raw Water Floating Intake, Phase One, Contract 3 project.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 5:0 with Councilmember Moore off dais during vote and Councilmember Dale absent from meeting.

Resolution Number R204-10-09-23-D5

PUBLIC HEARINGS E.1 Public Hearing And Consideration To Approve A Resolution Amending The Fiscal Year 2009- 10 Capital Improvement Budget By Appropriating $500,000 In The Wastewater Capital Improvement Project ("CIP") Fund For Emergency Repairs to the Buttercup Creek Wastewater Line.

City Council Minutes September 23, 2010 Page 4 of 10 Agenda Item E.1 called after Agenda Item E.2

Josh Selleck, Finance Director, stated this amendment creates an emergency appropriation related to repairs to the Buttercup Creek Wastewater lines. Due to heavy rains which caused flooding and debris in the line, the Buttercup Creek Wastewater line was compromised near the intersection of Highway 183 and East Little Elm Trail. The Utilities department created a temporary wastewater line until the debris in the line can be removed. The amendment would provide an appropriation of $500,000 to begin funding invoices related to the repair.

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

Motion to approve a Resolution Amending The Fiscal Year 2009-10 Capital Improvement Budget By Appropriating $500,000 In The Wastewater Capital Improvement Project ("CIP") Fund For Emergency Repairs to the Buttercup Creek Wastewater Line.

Movant: Councilmember Powell Second: Councilmember Dale Vote: 7:0

Resolution Number R205-10-09-23-E1

E.2 Z-10-005 First Reading And Public Hearing On An Ordinance To Rezone Approximately 1.5 Acres From Transitional Commercial (TC) To Local Retail (LR) Located At The Northwest Corner Of Anderson Mill Road And FM 2769 (Z-10-005). The Planning And Zoning Commission Voted 5-2 To Recommend Approval Of The Applicant’s Request.

Agenda Item E. 2 called after Agenda Item D.5

Emily Barron, Senior Planner, stated this item for the rezoning of property currently designated as Transitional Commercial (TC) to Local Retail (LR) for property located at the northwest corner of Anderson Mill Road and FM 2769. At the Planning and Zoning Commission meeting concerns were expressed regarding the potential for a gas station at the intersection, hours of operation, lighting, traffic, proximity to a children’s playground, sidewalks and fencing.

Several of the issues raised are addressed in the site development ordinance such as sidewalk requirements and fencing. Council does have the option to add additional restrictions to the request through the conditional overlay tool that was not available when this site was rezoned in 2007. The Planning and Zoning Commission voted 5-2 to recommend approval of Local Retail (LR) zoning for this tract.

Mayor Lemon inquired how a traffic impact analysis would impact the zoning.

City Council Minutes September 23, 2010 Page 5 of 10 Commissioners Thomas and Kaufmann were available for questions. Mayor Lemon inquired about the 5-2 vote. Commissioner Thomas stated there were concerns regarding the close proximity to a residential area.

Mayor Lemon opened the Public Hearing.

Note: Councilmember Dale arrived at 8:00 p.m.

Mr. Colley, Applicant, addressed the Council regarding the proposed zoning. He is sensitive to the citizens concerns and will meet with representatives to further address their concerns.

Public Comment: the following people spoke in opposition to the proposed zoning.

Caleb Magee (Renee Magee yielded her time to Caleb Magee) Jake Whitman Joshua Bibler Chuck Smith Allen Kaplan Tom Kirkland Eric Loucks Warren Peck Veronica Frederick Lisa Foster Mary Loucks Jerry Clement

Mr. Colley, Applicant, addressed the Council regarding the proposed use, expansion of Anderson Mill Road and reiterated his willingness to meet with the local home owners.

Mayor Lemon closed the Public Hearing.

General Discussion followed regarding consistency in planning and development, zoning categories as opposed to specific uses, development of Anderson Mill Road, zoning in accordance with the Comprehensive Plan, and the buffer and proximity between the proposed development and residential homes.

Mayor Lemon encouraged the applicant to meet with the neighborhoods to further address the concerns raised at the meeting.

E.3 Z-10-006 First Reading And Public Hearing On An Ordinance To Rezone Approximately 1.432 Acres From Local Retail (LR) To General Retail (GR) Located At 1900 S. Lakeline Boulevard (Z-10-006). The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of The Applicant’s Request.

City Council Minutes September 23, 2010 Page 6 of 10 Emily Barron, Senior Planner, stated this item is for the rezoning of property currently designated as Local Retail (LR) to General Retail (GR) located at 1900 S. Lakeline Boulevard. The Planning and Zoning Commission voted 7-0 to recommend approval of General Retail (GR) zoning for this tract.

Mayor Lemon opened the Public Hearing. Nancy Barba, Agent, was available for any questions. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration For The Approval Of An Ordinance To Amend The Code Of Ordinances Chapter 8 Offenses And Nuisances For The Purposes Of Adding Article 8.09, Illegal Smoking Products, To Prohibit The Use, Purchase, Possession And Sale of the Synthetic Cannabinoid Known Or Sold Under Such Names As "K-2," "K-2 Summet," "K-2 Sex," "Genie," "Dascents," "Zohai," "Sage," "Spice," "KO Knock-Out," "Spice Gold," "Spice Diamond," "Yucatan Fire," "Solar Ice," "Pep Spice," "Fire N' Ice," And "Salvia Divinorum."

J.P. LeCompte, Assistant City Attorney, addressed Council regarding the proposed ordinance to prohibit the use, purchase, possession and sale of the synthetic cannainoid. Mr. LeCompte addressed the comments made by citizens at the last Council meeting pertaining to Salvia divinorum and Salvinorin A and the detrimental effects of both. The Legal Department recommends the ordinance be adopted by Council as proposed.

Motion to approve the Ordinance to amend the Code Of Ordinances Chapter 8 Offenses and nuisances for the purposes of adding Article 8.09, Illegal Smoking Products, To Prohibit The Use, Purchase, Possession And Sale of the Synthetic Cannabinoid.

Movant: Mayor Pro Tem Fuller. Second: Councilmember Moore Vote: 7:0

Ordinance Number CO42-10-09-23-F1

F.2 Consideration For The Approval Of A Resolution Authorizing and Directing The City Manager To Execute A Contract With Blue Cross Blue Shield Of Texas For Employee Group Medical Insurance.

Miguel Ozuna, Human Resources Director, addressed Council regarding the modifications to employee health benefits. Mr. Ozuna reviewed the plan changes and the increase in premiums. Staff recommends entering into a contract with Blue Cross Blue Shield of Texas to provide Health Insurance with a dual option plan consisting of Alt. 1a(low) and the Alt. 1(High)

City Council Minutes September 23, 2010 Page 7 of 10 Motion to approve a Resolution to authorize and direct the City Manager to execute a contact with Blue Cross Blue Shield of Texas for employee medical insurance with the dual plan option consisting of Alternate 1a (low) and Alternate 1 (high).

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

Resolution Number R206-10-09-23-F2

F.3 Consideration Regarding The Appointment Of A Representative And An Alternate To The Capital Area Metropolitan Planning Organization ("CAMPO") Technical Advisory Committee ("TAC"). Motion to table this item until a future meeting as deemed appropriate by staff.

Movant: Councilmember Powell Second: Councilmember Moore Vote: 7:0

F.4 Consideration Of Appointment To Place Five On The Tourism Advisory Board. Councilmember Dale stated he would like to recommend Rick McLaughlin, Texas Stars, be appointed to the Tourism Board. He commented on Mr. McLaughlin’s qualifications.

Motion to appoint Rick McLaughlin to Place Five on the Tourism Advisory Board.

Movant: Councilmember Dale Second: Councilmember Powell Vote: 7:0

F.5 Consideration Of The City Of Cedar Park Official Newspaper And Process. Josh Selleck, Finance Director, stated the City Council approved the Hill Country News as the official newspaper on March 11, 2004. Per the City Charter, the current official newspaper will continue until such time another paper is designated.

General discussion followed regarding the process for selecting the official newspaper, interest in placing the item out for bid, criteria and measurements, money spent on legal notices and advertising, and capability to publish notices on the website.

No action taken.

F.6 Consideration Of Corporate/Local Business Sponsorship Procedures For City Events. (Powell) Councilmember Powell asked for this item to be placed on the agenda. He would like to know what is currently in place and possibly review the current process. He is not looking to commercialize events, but keep the small town community feeling. He would like to expand on the appropriate financial support for City events.

City Council Minutes September 23, 2010 Page 8 of 10 General discussion followed regarding interviewing current sponsors for feedback, what surrounding cities do, and staff involvement with pursuit of sponsorships.

No action taken.

F.7 Consideration Of The Expansion Of Holiday Seasonal Activities To Include A Possible Trail Of Lights Display And/Or Other Seasonal Displays In One Or More Locations Throughout The City. (Tracy) Councilmember Tracy asked for this item to be placed on the Agenda. He would like to solicit Council’s input on the possibility of expanding holiday festivities with increased light displays thru out town.

General discussion followed regarding the current events hosted by the Parks Department, limited staff and resources for the current holiday season, possible ideas such as a driving light tour, local business participation, Tourism Board involvement, and combination of city events in the future.

Brenda Eivens, City Manager, stated staff will begin internal discussions and work with the Parks Board and bring back during the next fiscal year budget discussions.

No action taken.

G.0 Executive Session:

G.1 Section §551.071 (1) Consultation With Attorney Concerning Contemplated Litigation. a. Equal Employment Opportunity Commission Claim #31C-2010-00-774 Oliver Basey.

G.2 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning Chapter 4 Of The City Of Cedar Park Code Of Ordinances Pertaining To Business Regulations.

G.3 Section §551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project. b. Easements Acquisition For The Brushy Creek Regional Utility Authority Raw Water Line Project.

The Council Reconvenes into General Session.

City Council Minutes September 23, 2010 Page 9 of 10

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 11:28 p.m. No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Councilmember Moore would like the power lines evaluated at Rosemary Denny Park.

Councilmember Dale apologized for arriving late. He just arrived back from Kansas.

Councilmember Tracy would like to see a future agenda item pertaining to Boards and the appointment process.

Mayor Pro Tem Fuller would like to recognize Don Moore for his contributions to the City while serving on the Tourism Advisory Board.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 11:40 p.m.

PASSED AND APPROVED THIS 21ST DAY OF OCTOBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes September 23, 2010 Page 10 of 10

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, OCTOBER 7, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. All Council present.

A.2 Invocation: Pastor Chuck Freeman, Unitarian Universalist Church. Invocation given by Pastor Chuck Freeman, Unitarian Universalist Church.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation Green With Envy Awards To Local Businesses Recognized As Green Partners For Using Green Methods In Their Businesses. Withdrawn from Agenda.

A.5 Presentation: Recognition Of Don Moore For His Service On The Tourism Advisory Board. Agenda Item A.5 called after Agenda Item A.6

Mayor Lemon presented a plaque to Don Moore for his service to the City of Cedar Park and the Tourism Advisory Board.

A.6 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information)

City Council Minutes October 7, 2010 Page 1 of 9 Jason Nicholas, Congressman John R. Carter’s Office, introduced himself as the Field Representative for Congressman Carter.

Nancy Wilson, Cedar Park, yielded her time to Allan Wilson.

Allan Wilson, Cedar Park, addressed Council regarding the recent flooding of his home on Prize Oak Drive.

Jack Kipp, Cedar Park, addressed Council regarding the recent flooding in Riviera Springs.

A.7 Mayor and Council Opening Comments. Councilmember Moore commented on the recent Inter-City visit to Minneapolis.

Councilmember Dale commented on the attendance at the skate park and requested a future agenda item pertaining to Travis ESD #14.

Councilmember Powell commented on the Inter-City visit to Minneapolis for his employer, FEMA visit to Cedar Park, and the Williamson County Health District providing shots for flu and whooping cough.

Mayor Pro Tem Fuller commented on the Inter-City visit to Minneapolis, and his recent presentation regarding the Brushy Creek Regional Utility Authority.

Councilmember Mitchell thanked Don Moore for his service to the City.

Mayor Lemon commented on a visit to a flood damaged area in Cedar Park.

A.8 City Manager Report: Update On The October 18th Youth Scholarship Benefit Golf Tournament - Curt Randa, Parks And Recreation Director. Curt Randa, Parks and Recreation Director, reviewed the events scheduled for the Youth Scholarship Benefit Golf Tournament being held on October 18th.

A.9 City Manager Report: Update On Veterans Memorial Park Phase Two Construction - Curt Randa, Parks And Recreation Director. James Hemenes, Assistant Parks Director, updated Council on the Phase 2 construction for Veterans Memorial Park. The project is 122 days into the 270 day construction schedule. The project is on target and still has a projected grand opening for Memorial Day 2011.

A.10 City Manager Report: Update On The Veterans Day 5K Run - Curt Randa, Parks And Recreation Director. Curt Randa, Parks and Recreation Director, said the event has been finalized and will be held on November 7th at Milburn Park beginning at 9:00 a.m. The soldiers at FOB Sharana, Afghanistan, will be doing a 5K run also on Sunday, November 7, 2010 and the Cedar Park event will be a shadow run at the same time. The registration fee is $25 which will be used to fund a welcome home ceremony for the Gambler Guns.

City Council Minutes October 7, 2010 Page 2 of 9

A.11 City Manager Report: Review Of The Monthly Financial Report Through The Month Of August 2010 - Josh Selleck, Director of Finance. Josh Selleck, Finance Director, presented Council with the Monthly Finance Report through the month of August, 2010.

A.12 City Manager Report: Update On The 2009 Certified Local Government Grant And The Development Of A Comprehensive Historical Website. Yvonne Lane, Grants Coordinator, previewed the Historic Website for Council. The funding was from a Certified Local Government grant received in 2009.

A.13 City Manager Report: Status Update On The Drainage Improvement Study (Dale) Sam Roberts, Assistant City Manager, addressed Council regarding the Drainage Improvement Study. Four sections have been identified and are currently under study. Those areas include (1) Ranchettes 6 & 6A, (2) Ranchettes 2 & 3 and Whitestone Oaks, (3) Ranchettes 4, and (4) Riviera Springs. These areas were developed prior to the City’s incorporation in 1974. There is not a centralized collection system in any of the defined areas. Mr. Roberts reviewed the scope for the study.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

B.1 Approval Of Council Minutes From The Regular Scheduled Meeting Of September 9, 2010. Approved under the Consent Agenda.

B.2 Approval Of Council Minutes From The Special Called Meeting Of September 11, 2010. Approved under the Consent Agenda.

B.3 Approval Of Council Minutes From The Special Called Meeting Of September 17, 2010. Approved under the Consent Agenda.

C.1 Z-10-006 Second Reading And Approval Of An Ordinance To Rezone Approximately 1.432 Acres From Local Retail (LR) To General Retail (GR) Located At 1900 S. Lakeline Boulevard (Z-10-006). The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of The Applicant’s Request. Approved under the Consent Agenda.

Ordinance Number Z01-10-10-07-C1

City Council Minutes October 7, 2010 Page 3 of 9 D.1 A Resolution Authorizing A Friday, October 29, 2010 Exception To The 11pm Noise Restriction Established By Code Of Ordinances Section 8.08.002 For The Purpose Of Allowing Hill Country Bible Church To Conduct Its Annual "Nightmare On Little Elm Street" High School Outreach Program. Approved under the Consent Agenda.

Resolution Number R01-10-10-07-D1

D.2 A Resolution Authorizing A Special Permit To Hold A Community Block Party (Fall Fest) At Milburn Park. Approved under the Consent Agenda.

Resolution Number R02-10-10-07-D2

D.3 A Resolution Authorizing And Directing City Manager To Execute A Professional Services Agreement With Holt Engineering, Inc. For Construction Materials Testing For The Brushy Creek Road (183A To Parmer Lane) Reconstruction Project In The Amount Of $49,905.54 Approved under the Consent Agenda.

Resolution Number R03-10-10-07-D3

D.4 A Resolution Amending The Future Land Use Plan For Property Located At South Lakeline Boulevard and Little Elm Trail From Neighborhood Office/Retail/Commercial To Regional Office/Retail/Commercial. Approved under the Consent Agenda.

Resolution Number R04-10-10-07-D4

D.5 A Resolution Authorizing And Directing The City Manager To Execute An Engineering Services Agreement With Davis Engineering, Inc. For The Design Of The 2011 Water Tank Rehabilitations. Approved under the Consent Agenda.

Resolution Number R05-10-10-07-D5

D.6 A Resolution Awarding Construction Bid For The 2010 Waterline Rehabilitation Project In Cedar Park Ranchettes Unit 2 To Keystone Construction, Inc. For $760,111. Approved under the Consent Agenda.

Resolution Number R06-10-10-07-D6

PUBLIC HEARINGS E.1 First Reading And Public Hearing On An Ordinance Amending Chapter 9, Municipal Civil Service, Article 9.11 Of The Code Of Ordinances To Revise The Number Of Positions In The Police Department.

City Council Minutes October 7, 2010 Page 4 of 9 Miguel Ozuna, Human Resources Director, stated the FY2011 budget approved the funding for two additional positions in the classification of Police Officer. This item is to amend the Strength of Force ordinance to specify the following classifications and the number of positions in classification, effective October 21, 2010 as follows 1. Captain – 2 2. Lieutenant – 3 3. Sergeant – 9 4. Corporal/Detective – 17 5. Police Officer – 49

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Z-10-005 Second Reading And Consideration Of Approval On An Ordinance To Rezone Approximately 1.5 Acres From Transitional Commercial (TC) To Local Retail (LR) Located At The Northwest Corner Of Anderson Mill Road And FM 2769 (Z-10-005). The Planning And Zoning Commission Voted 5-2 To Recommend Approval Of The Applicant’s Request.

Emily Barron, Senior Planner, stated this item is to consider the rezoning of property currently designated as Transitional Commercial (TC) to Local Retail (LR) for property located at the northwest corner of Anderson Mill Road and FM 2769. Ms. Barron reviewed the proposed zoning and stated a Letter Agreement had been received from the Applicant pertaining to additional restrictions agreed to regarding the proposed use. A conditional overlay could be approved by the Council. Ms. Barron addressed the petition received and stated it was not a valid petition in accordance with the Local Government Code. Charles Rowland, City Attorney, clarified the petition and the requirements in declaring a petition valid.

Paul Colley, Applicant, addressed Council regarding the items set forth in the Letter Agreement. Addressed are aspects dealing with the buffer, landscaping and the hours of operation.

Council inquired about the two signatures on the letter and if the HOA Boards had authorized the people to sign on behalf of the HOA.

Public Comment:

Caleb Magee thanked Mr. Colley for working with the residents. He stated a middle ground had been found with certain concerns for the proposed use of the gas station.

City Council Minutes October 7, 2010 Page 5 of 9 However, homeowners are still asking for Council to deny the zoning and if not than to approve the conditions of the Letter Agreement.

Lisa Foster addressed the meetings held with homeowners and the Letter Agreement.

Philip Hohle asked the item to be tabled until the area had been annexed into the City.

Jake Williams spoke in opposition to the zoning.

General discussion followed regarding the zoning request from 2007, limitations on the land pertaining to buffers and setbacks, transitional zoning, differences in intersections through out the City, proximity to residential, and the eventual development of the entire area.

Motion to reject the Planning & Zoning Commission’s recommendation to rezone approximately 1.5 acres from Transitional Commercial (TC) to Local Retail (LR) located at the northwest corner of Anderson Mill Road and FM 2769.

Movant: Councilmember Powell Second: Councilmember Tracy Vote: 6:1 with Mayor Lemon voting against.

F.2 Consideration To Nominate A Person For The Travis County Appraisal District Board Of Directors And Approval Of A Resolution Authorizing The Submission Of Name As A Nominee. Brenda Eivens, City Manager, stated this item if for the nomination of a candidate on the Travis County Appraisal Districts Board of Director’s ballot.

Motion to submit Charles Rowland as a nominee for the Travis County Appraisal District Board of Director and approve the Resolution authorizing the submission.

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 7:0

Resolution Number R07-10-10-07-F2

F.3 Consideration To Authorize A Resolution Approving The Second 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. Agenda Items F.3 and F.4 called together. Refer to Agenda Item F.4 for discussion and action taken.

F.4 Consideration To Authorize A Resolution Approving The Interlocal Agreement Regarding Use Of Construction Cost Savings From Phase 1A Of The Brushy Creek Regional Utility Authority ("BCRUA") Regional Water Treatment And Distribution Project. Agenda Items F.3 and F.4 called together.

City Council Minutes October 7, 2010 Page 6 of 9 Kenneth Wheeler, Assistant Utilities Director, stated the second amendment to the Master Contract will update the estimated construction costs with actual cost numbers for those projects that have been bid. Total cost savings to date is $30.3M. The Interlocal Agreement specifies how that savings will be utilized. A majority of the savings will be spent on Phase 2 projects, subject to approval by the Texas Water Development Board.

Motion to approve Agenda Items F.3 and F.4 as presented. (Authorize A Resolution Approving The Second 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, and authorize A Resolution Approving The Interlocal Agreement Regarding Use Of Construction Cost Savings From Phase 1A Of The Brushy Creek Regional Utility Authority ("BCRUA") Regional Water Treatment And Distribution Project.)

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

Agenda Item F.3 Resolution Number R08-10-10-07-F3 Agenda Item F.4 Resolution Number R10-10-10-07-F4

F.5 Consideration To Amend The Council Rules Of Procedure Regarding Appointments To Boards, Commissions, And Committees By Council. LeAnn Quinn, City Secretary, stated Council has previously discussed the aspect of having each Council place appoint the corresponding place for each City Board and Commission. The drafted amendments to the Council Rules of Procedure are to facilitate discussion on Council’s direction.

Mayor Lemon stated the first amendment to the Rules only deals with the basic minimum changes.

Councilmember Dale stated he would like to see added wording for the serving at the pleasure of Council and the method or reasons for removal.

Councilmember Powell commented on the expirations dates and streamlining the dates to all terminate at the same time.

Mayor Lemon inquired about Boards with less than seven members.

General discussion included adding wording for serving at the pleasure of Council, removal by majority, and boards with less than seven members to continue current appointment process. Discussion also ensued regarding one year term limits, expiring terms, and coordination of ordinances to allow for all terms to end at the same time.

City Council Minutes October 7, 2010 Page 7 of 9 F.6 Consideration Of Appointment To Place Four On The Tourism Advisory Board. (Moore) Councilmember Moore stated he has met with Wayne Brooks, applicant, who is interested in serving on the Tourism Advisory Board.

Mr. Brooks introduced himself to the Council.

Motion to appoint Wayne Brooks to Place 4 on the Tourism Advisory Board.

Movant: Councilmember Moore Second: Councilmember Powell Vote: 7:0

G.0 Executive Session:

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Legal Issues Concerning The Lease And Development Agreement Between The City Of Cedar Park And Hicks Cedar Park LLC. b. Legal Issues Concerning The Cedar Park Tax Increment Reinvestment Zone #1 Development Agreement.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 9:47 p.m. No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. None.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 9:48 p.m.

PASSED AND APPROVED THIS 4TH DAY OF NOVEMBER, 2010.

City Council Minutes October 7, 2010 Page 8 of 9

______Mitch Fuller, Mayor Pro Tem

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes October 7, 2010 Page 9 of 9

THE CITY OF CEDAR PARK CITY COUNCIL AND THE PARKS AND RECREATION ADVISORY BOARD SPECIAL CALLED JOINT MEETING THURSDAY, OCTOBER 14, 2010 AT 6:30 P.M. Cedar Park Public Library - 550 Discovery Boulevard

CITY COUNCIL Mayor Bob Lemon Lowell Moore, Place 4 Mayor Pro Tem Mitch Fuller Tony Dale, Place 5 Matt Powell, Place 1 Don Tracy, Place 6 Scott Mitchell, Place 3 Brenda Eivens, City Manager

PARKS & RECREATION ADVISORY BOARD Scott Rogers, Chair John Greeley, Place 5 Wayne Ruark, Vice Chair Jesse Holguin, Place 6 VACANT, Place 3 Janet Bartles, Place 7 David Powers, Place 4

MINUTES

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN Mayor Lemon called the Council to order at 6:40 p.m. Councilmember Moore absent, all others present.

Chair Scott Rogers called the Parks Board to order at 6:40 p.m. All present, with Place 3 vacant.

2. Welcome/Introductions Roundtable introductions were conducted.

3. Discussion Only: a. Update On Parks Facilities And Programs i. Recreation Center ii. Rosemary Denny Park iii. Skate Park Curt Randa, Parks Director, updated Council on the usage of the Recreation Center, Rosemary Denny Park and the Skate Park.

Councilmember Dale inquired about the enforcement of no bikes at the Skate Park.

City Council Minutes October 14, 2010 Page 1 of 3

Jesse Holquin, Parks Board, commented on the success of the Recreation Center.

Scott Rogers, Parks Board, inquired about the condition of the grass after the floods. b. Update On Parks Open Space Master Plan Review And Process Curt Randa, Parks Director, stated the Master Plan was approved by Council in September 2006. The review cycle for this document is recommended every five years. Mr. Randa stated public comment and input would be received for the update. The action plan in the Master Plan is in need of updating since a majority of the projects have been completed.

General discussion followed regarding the cost associated with updating the plan, the length and timeframe of the process, online surveys and information gathering sessions, deliverables for the updated plan, possible scope for update to include over usage or under usage of city facilities, large park development as opposed to neighborhood park development, and the use of the Parks Board to evaluate the action plan and the role of the consultants. c. Regional Park Proposed For The North East Quadrant Curt Randa, Parks Director, addressed the proposed park in the north east quadrant of Cedar Park. The Master Plan addressed this and the question has arisen as to whether a park is still needed in that area of the City.

General discussion followed regarding the proximity of Williamson County Regional Park, importance of future economic development for Cedar Park, limited land availability, possible joint ventures with surrounding entities, combination of multi-use park and sports complex, maintenance and operations costs associated with large park development, what citizens want and what they are willing to pay for, impact of surrounding communities to Cedar Park, evaluation of when park development is completed, continued maintenance and upgrade of neighborhood parks, and the issuance of bonds for park development. d. Parks Advisory Board Participation With Future City Projects And/Or Initiatives Mayor Pro Tem Fuller addressed the Council’s future direction pertaining to Board appointments, support of the Strategic Map and City’s vision, and serving at the pleasure of Council.

General discussion followed regarding the process of appointments, Council’s Strategic Map and vision for the City, interactions between the Board and the Council, politics as opposed to policy and increased interaction and communication between the Board and the Council.

Councilmember Dale commented on a possible future project for a symposium related to youth and sports injuries. City Council Minutes October 14, 2010 Page 2 of 3

Mayor Pro Tem Fuller commented on the Veterans Memorial project.

4. Closing Comments Roundtable closing comments were conducted.

5. Adjournment Mayor Lemon adjourned the meeting at 9:25 p.m.

PASSED AND APPROVED THIS 4TH DAY OF NOVEMBER, 2010.

______Mitch Fuller, Mayor Pro Tem

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes October 14, 2010 Page 3 of 3

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, OCTOBER 21, 2010 AT 6:30 P.M.

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MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:31 p.m.

A.2 Invocation Invocation given by Senior Pastor Mark Brown, Breath of Life Worship Centre.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Green With Envy Awards To Local Businesses Recognized As Green Partners For Using Green Methods In Their Businesses. Chief Chris Connealy, Fire Department, and Chris Walts, Code Enforcement, presented Green With Envy Awards to Linda Haywood, Austin Community College, Butch Aggen, Goddard School and Jerome Alder, Austin Wood Recycling. Award recipients not present included George Hudgins, Hudgins Oil, and Chris Weir, Firestone.

A.5 Presentation: Proclamation Declaring November 2010 As "Pancreatic Cancer Awareness Month". Mayor Lemon read and presented a Proclamation declaring November 2010 as Pancreatic Cancer Awareness Month to Erika Priddy.

City Council Minutes October 21, 2010 Page 1 of 10 A.6 Presentation: Proclamation For Operation Christmas Child Month October 22 - November 22, 2010. Mayor Lemon read and presented a Proclamation and gift box to representatives from High Point Fellowship and Operation Christmas Child.

A.7 Presentation: Check Presentation From The Friends Of The Library In Celebration Of The National Friends Of The Library Week October 17-23, 2010. Representatives from the Friends of the Library presented the Cedar Park Public Library with a check in the amount of $6000.

A.8 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information)

Mary Caputo, Cedar Park, addressed the Council regarding her interest on serving on the Parks and Recreation Advisory Board.

Zane Kibbe, Leander, addressed the Council to allow for BMX bikes at the Skate Park.

Denny Desormeaux, Leander, addressed the Council to allow for BMX bikes at the Skate Park.

Marsha Kibbe, Leander, addressed the Council to allow for BMX bikes at the Skate Park.

Veronica Frederick, Cedar Park, thanked the Council for their recent vote in denying the zoning request on Anderson Mill Road.

Cobby Caputo, ACC Attorney, stated Austin Community College supports the Capital Metro proposal for transit services in Cedar Park and encouraged the Council to support the proposal.

A.9 Mayor and Council Opening Comments. Mayor Lemon requested a future agenda for a report regarding possible BMX bikes at the Skate Park.

Councilmember Mitchell commented on the recent CAPCOG meeting he attended.

Mayor Pro Tem Fuller commented on the recent award received by FEMA for the Cedar Park Fire Department’s TACS program, the Recreation Department Golf Tournament, and thanked the Police Department for the recent tour of his son’s Cub Scout troop.

Councilmember Powell commented on the possibility of BMX bike usage at the skate park, the Recreation Department Golf Tournament, Congressman’s Carter’s visit to the Chamber Luncheon, and recent fundraisers at local restaurants for the Veteran Memorial project.

City Council Minutes October 21, 2010 Page 2 of 10 Councilmember Tracy recognized the Cedar Park Police Department for receiving Best Practices Recognition and a recent banquet he attended.

Councilmember Dale commented on the Police Department recognition for Best Practices, and requested a future agenda item pertaining to I-9’s and E-Verify.

A.10 City Manager Report: Update On Austin Toros Partnership With Cedar Park Recreation Center - Curt Randa, Parks And Recreation Director. Curt Randa, Parks and Recreation Director, stated the Austin Toros have made the Cedar Park Center their official home and are currently working on an agreement to use the Recreation Center as the official practice area.

Peter Lubell, Chief Operation Officer for the Toros, stated the team is excited about relocating to Cedar Park.

A.11 City Manager Report: September 2010 Permit Activity And Revenue Report - Mark Lewis, Director of Building Inspections. Mark Lewis, Building Inspections Director, provided Council with the September 2010 Building Permit Activity and Revenue Report.

A.12 City Manager Report: Review of Quarterly Capital Improvement Program Progress Report - Katherine Woerner, Assistant To City Manager. Katherine Woerner, Assistant to the City Manager, provided Council with a brief review of the major CIP Projects current in progress. There are 31 projects in various stages.

Councilmember Dale asked if the information provided in the spreadsheet could be placed online for citizens to review.

A.13 City Manager Report: Analysis Of Available Retail Space In Cedar Park, Council Strategic Map Goal #5 Diversified Tax Base/ Balanced Land Use - Larry Holt, Economic Development. (Fuller) Larry Holt, Economic Development Director, reviewed the current analysis for available retail space in Cedar Park. The current vacancy rate for Cedar Park is 8.6%, the average for the area is 6.6%

General discussion followed regarding impact to the budget, loss of retail to surrounding cities, sales tax projections and close monitoring of actual sales tax, cost to develop in Cedar Park and comparisons with surrounding cities.

A.14 City Manager Report: Update On The Capital Metro Transit Services Proposal - Jose Madrigal, Assistant City Manager. Jose Madrigal, Assistant City Manager, reviewed for Council the final proposal for transit services in Cedar Park. The route will run Monday thru Friday, 5am to 9pm with four stops in Cedar Park. The four stops include Walmart on Walton Way, Park and Ride facility on Discovery Boulevard, Medical Parkway Bus Stop in front of Cedar Park Regional Medical Center, and Austin Community College on Cypress Creek Road. Mr.

City Council Minutes October 21, 2010 Page 3 of 10 Madrigal reviewed the fares to be charged and final costs associated with the transit service.

General discussion followed regarding possible funding by Walmart and the Hospital, criteria to determine if successful program, origination of bus route, and fares.

A.15 City Manager Report: Update On Fire Protection Services For Residents In Non-Contracted Areas In The City Of Cedar Park's Extra-Territorial Jurisdiction ("ETJ"). Chief Chris Connealy, Fire Department, addressed Council regarding the non-contracted areas in the City’s ETJ receiving fire services. Chief Connealy addressed the history of the five areas which do not have a governmental entity established. The cost to Cedar Park is approximately $256,000 per year to provide fire protection services. Chief Connealy reviewed the process for these areas to establish a single entity and further discussed the administrative recommendation in establishing a deadline for provided fire protection services to non-contracted areas.

General discussion followed regarding a deadline for termination of fire protection services, establishment of an emergency services district by the areas in the ETJ, legislative agenda for ESD rules and restrictions, and billing for services.

Note: Councilmember Powell left meeting at 8:30 p.m.

A.16 City Manager Report: Overview Of The City Of Cedar Park Contract For Fire Protection Services With Travis ESD #14. (Dale) Brenda Eivens, City Manager, addressed Council on Travis Emergency Services District (ESD) #14 and fire protection services by the City of Cedar Park. Ms. Eivens reviewed the history of Cedar Park providing fire protection services, overview of ESD #14, services provided by Cedar Park Fire Department and First Responders, the rate charged by ESD #14 to homeowners in their juridisction regardless of the contract with Cedar Park, fallacy of Cedar Park balancing the budget, calculations to provide fire protection services, history of rates charged by Cedar Park, response times, and ISO benefits.

General discussion followed regarding the history of rates charged for fire protection services, ESD rates based on home valuation and not contracts for fire protection services, regulations of ESD’s, and mutual aid services.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Councilmember Dale Second: Mayor Pro Tem Fuller Vote: 5:0 with Councilmember Moore absent from meeting and Councilmember Powell absent from dais.

City Council Minutes October 21, 2010 Page 4 of 10

B.1 Approval Of Council Minutes From The Regular Scheduled Meeting Of September 23, 2010. Approved under the Consent Agenda.

B.2 Receipt Of Minutes From The Tourism Advisory Board Meeting Of August 13, 2010. Received under the Consent Agenda.

B.3 Receipt Of Minutes From The Tourism Advisory Board Meeting Of September 10, 2010. Received under the Consent Agenda.

C.1 Second Reading And Approval Of An Ordinance Amending Chapter 9, Municipal Civil Service, Article 9.11 Of The Code Of Ordinances To Revise The Number Of Positions In The Police Department. Approved under the Consent Agenda.

Ordinance Number CO02-10-10-21-C1

D.1 A Resolution Authorizing The Purchase Of Replacement Lighting Components For Brushy Creek Sports Park From Musco Sports Lighting. Approved under the Consent Agenda.

Resolution Number R09-10-10-21-D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute A Change Order With Landmark Structures I, L.P. For The Dies Elevated Storage Tank In The Amount Of $98,171.11. Approved under the Consent Agenda.

Resolution Number R11-10-10-21-D2

D.3 A Resolution Authorizing A Clarification To The Human Resources Manual Policy D-2 Retirement Benefits. Approved under the Consent Agenda.

Resolution Number R12-10-10-21-D3

D.4 A Resolution To Authorize And Direct The Cedar Park Historic And Cultural Preservation Commission To Apply To The Texas Historical Commission Certified Local Government Grant Program. Approved under the Consent Agenda.

Resolution Number R13-10-10-21-D4

PUBLIC HEARINGS E.1 Z-10-007 First Reading And Public Hearing On An Ordinance To Rezone Approximately 4.114 Acres Of Land From Local Retail (LR) To General Office (GO), Owned By Fellowship Bible Church, Located On The East Side Of Parmer Lane Just North Of Ranch Trails, In Williamson

City Council Minutes October 21, 2010 Page 5 of 10 County, Texas. (Z-10-007) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Emily Barron, Senior Planner, stated this item is for the rezoning of property currently designated as Local Retail (LR) to be rezoned to General Office (GO) for land located on the east side of Parmer Lane just north of Ranch Trails. The Planning and Zoning Commission voted 6-0 to approve the request.

Mayor Lemon inquired about the reduction in retail.

Mayor Lemon opened the Public Hearing. No public comment. Mayor Lemon closed the Public Hearing.

E.2 Z-10-010 First Reading And Public Hearing On An Ordinance To Rezone Approximately 8.00 Acres Of Land From General Retail (GR) To General Office (GO), Owned By Cedar Park Health System LP, Located At 701 and 801 East Whitestone Boulevard, In Williamson County, Texas. (Z-10-010, City-Initiated) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Amy Link, Senior Planner, stated this item is a City initiated request to rezone approximately 8 acres of land located at 701 and 801 E. Whitestone Boulevard from General Retail (GR) to General Office (GO). The property is currently developed as medical offices/clinics and an ambulatory surgery center. The City has initiated this case in response to a recent building permit application to modify a portion of the ambulatory surgery center to provide a wound care facility. Rezoning the property would provide consistency between the existing land uses and the zoning of the property. The Planning and Zoning Commission voted 6-0 to approve the request.

Mayor Lemon inquired about the reduction in retail for future development if there is a change in use.

Mayor Lemon opened the Public Hearing. No public comment. Mayor Lemon closed the Public Hearing.

E.3 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02 and 11.12, Zoning Districts And Regulations, For The Purpose Of Adding Non Emergency Medical Transport Service As A Permitted Use. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Amy Link, Senior Planner, stated this item is to amend Chapter 11 for the purpose of adding non emergency medical transport services as a permitted use.

City Council Minutes October 21, 2010 Page 6 of 10 After review of the benchmark cities, staff, with the input of the Planning and Zoning Commission, proposes definitions for non emergency medical transport and to include Non-Emergency Medical Transport Service as a permitted use in the General Retail (GR) District and as a conditional use in the Local Retail (LR) District.

Mayor Lemon opened the Public Hearing. No public comment. Mayor Lemon closed the Public Hearing.

E.4 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02, Zoning Districts And Regulations, Division 17, General Office District For The Purpose Of Adding Assisted Living As A Secondary Use In This District. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Amy Link, Senior Planner, stated this item is to amend Chapter 11 for the purpose o amending General Office district to add Assisted Living as a secondary use when directly associated with Convalescent Nursing Homes or Extended Care Facilities within the District. This amendment stems from recent requests to develop assisted living facilities in conjunction with nursing homes and extended care facilities.

Mayor Lemon opened the Public Hearing. No public comment. Mayor Lemon closed the Public Hearing.

Note: Councilmember Powell returned to the meeting at 9:43 p.m. during the discussion of Agenda Item E.4

E.5 First Reading And Public Hearing On An Ordinance To Amend Chapter 4, Rule 4.3 and Rule 4.4 Of The Rules Of Procedure For City Council Pertaining To Board, Commission And Committee Appointments. LeAnn Quinn, City Secretary, addressed Council regarding the proposed amendments to the City Council’s Rules of Procedure. The proposed amendments pertain to the specific appointments for the boards, commissions and committees by Council, serving at the pleasure of Council, removal of members, and also the support of the Council’s Strategic Map and vision for the City of Cedar Park.

Mayor Lemon opened the Public Hearing. No public comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration For Approval Of The 2011 City Of Cedar Park Meeting Calendar.

City Council Minutes October 21, 2010 Page 7 of 10 Brenda Eivens, City Manager, reviewed the 2011 meeting calendar.

Motion to approve the 2011 City of Cedar Park meeting calendar.

Movant: Councilmember Powell Second: Councilmember Mitchell Vote: 6:0 with Councilmember Moore absent from meeting.

F.2 Consideration And Report On The Home Occupation Ordinance. Charles Rowland, City Attorney, provided Council with an overview of the Home Occupation Ordinance.

Public Comment: Bob Flynn addressed Council regarding amending the ordinance with respect to clearly defining direct sales and services.

General discussion followed pertaining to direct sales and services, benchmark cities, complaint driven process, overall impact to entire City with any modifications and unintended consequences.

F.3 Update On The Veterans Memorial Project And Consideration Of The Recommended Next Steps For The Memorial Project. Don Schliesser and Lisa Morris, Veteran Memorial Citizen Advisory Group, updated Council on the funding and progress for the Veteran Memorial project. There are future events planned to continue the fund raising efforts to meet the final goal of $175,000. The Group is recommending compensating Gregory Beck for his design fee and the bronze sculpture for a total cost of $38,800. Additionally, the Group recommends the City issue a Request for Proposal (RFP) specifically related to construction and installation services.

General discussion followed regarding the artist rendering, funds available, the process to issue a RFP and timeframe for the delivery and installation of the Memorial.

Motion to authorize the issuance of a Request for Proposals (RFP) specifically related to construction and installation services for the Veterans Memorial Project using the appropriate delivery method in accordance with the Local Government Code subject to approval of the City Attorney.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 6:0 with Councilmember Moore absent from meeting.

F.4 Consideration Of The Tourism Strategy And Process. (Fuller) Withdrawn from Agenda.

City Council Minutes October 21, 2010 Page 8 of 10 EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (V.T.C.A.) (Open Meetings Law), “The City Council may meet in a Closed Executive Meeting pursuant to provisions of the Open Meetings Law, Chapter 551, Government Code, V.T.C.A. in accordance with the authority contained in the following sections”: Council convened into Executive Session at 11:06 p.m.

G.0 Executive Session:

G.1 Section §551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Compliance Agreement Between Cedar Park And Texas Commission On Environmental Quality ("TCEQ") Concerning Water Right Permit For Water Quality Ponds In Cedar Park Town Center.

G.2 Section §551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Easements Acquisition Related To The Raw Water Floating Intake Contingency Project.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 11:32 p.m.

Agenda Item G.1a Motion to authorize and direct the City Manager to execute a Compliance Agreement with TCEQ regarding the two water quality ponds at the Cedar Park Town Center.

Movant: Councilmember Dale Second: Councilmember Mitchell Vote: 6:0 with Councilmember Moore absent from meeting.

H.1 Mayor And Council Closing Comments. None.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 11:37 p.m.

City Council Minutes October 21, 2010 Page 9 of 10

PASSED AND APPROVED THIS 4TH DAY OF NOVEMBER, 2010.

______Mitch Fuller, Mayor Pro Tem

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes October 21, 2010 Page 10 of 10

THE CITY OF CEDAR PARK CITY COUNCIL SPECIAL CALLED MEETING WEDNESDAY, NOVEMBER 3, 2010 AT 5:30 P.M. Cedar Park Recreation Center Meeting Room 1435 Main Street, Cedar Park TX 78613

CITY COUNCIL Mayor Bob Lemon Lowell Moore, Place 4 Mayor Pro Tem Mitch Fuller Tony Dale, Place 5 Matt Powell, Place 1 Don Tracy, Place 6 Scott Mitchell, Place 3 Brenda Eivens, City Manager

THE CITY OF CEDAR PARK WILL BE HOSTING A JUNIOR CITY COUNCIL MEET AND GREET RECEPTION.

MINUTES

1. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN Mayor Lemon called the meeting to order at 5:45 p.m. Councilmembers Powell, Mitchell and Moore absent. All others present.

2. Welcome, Introductions And Opening Comments. Mayor Lemon welcomed the new Junior City Council. Roundtable introductions were conducted.

3. Discussion Only: a. Overview Of The City Of Cedar Park’s Form Of Government. General overview of the City of Cedar Park was provided.

b. Overview Of The Junior City Council Program. Katherine Woerner, Assistant to the City Manager, reviewed the Junior City Council Program and agenda for the year.

c. Professional Development And Interaction By Council, Jr. City Council And Staff. General discussion followed between the Council and Junior City Council.

4. Closing Comments. Roundtable closing comments were conducted.

Council & Jr. City Council November 3, 2010 Page 1 of 2

5. Adjournment. Mayor Lemon left the meeting at 7:00 p.m. thus adjourning due to quorum requirements.

PASSED AND APPROVED THIS 18TH DAY OF NOVEMBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

Council & Jr. City Council November 3, 2010 Page 2 of 2

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, NOVEMBER 4, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Pro Tem Fuller called the meeting to order at 6:34 p.m. Councilmember Powell arrived at 6:38 p.m. Mayor Lemon and Councilmember Mitchell absent from meeting. All others present.

A.2 Invocation: Councilmember Don Tracy. Invocation was given by Councilmember Don Tracy.

A.3 Pledges of Allegiance (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentations: Recognition For The Retirement Of Duane Smith. Withdrawn from Agenda.

A.5 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Paul Klein, Cedar Park, addressed Council regarding the annexation of the Ranch at Cypress Creek, the MUD Board and HOA Board lack of cooperation.

A.6 Mayor and Council Opening Comments. Councilmember Dale thanked Mr. Klein for the update and also congratulated Williamson County Commissioner Long and State Representative Schwertner on their election.

City Council Minutes November 4, 2010 Page 1 of 9

Councilmember Dale also commented on Heroes Night Out, Junior City Council and the Veterans Day ceremony. Also, a future agenda item was requested for Cedar Park Conserves.

Councilmember Powell commented on the TML conference he recently attended and congratulated Councilmember Dale for being appointed to a statewide K-2 Commission. An agenda item was requested for Emergency Notification Systems.

Mayor Pro Tem Fuller commented on the TML conference and thanked staff for their assistance with the realtor event at the CPC. Recognized was the Jr. Weblos Den Pack 158 in attendance at the meeting. An agenda item was requested for the 4A vacancy.

A.7 City Manager Report: Update And Recommendations Regarding Private Sponsorship Of Special Events. (Powell) Katherine Woerner, Assistant to the City Manager, provided Council with an overview of the current process for soliciting sponsorships for City events and recommendations to enhance the system. Ms. Woerner reviewed the City’s major events and the funding resources utilized. Recommendations include communication between all the departments involved with sponsorships, brochure development for sponsors, and yearly solicitation for sponsor donations.

General discussion followed regarding the possible creation of a foundation, tax exempt donations, coordination of events and sponsorships and the development of a sponsorship brochure.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.2 withdrawn from the Agenda by Staff.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D excluding D.2

Movant: Councilmember Moore Second: Councilmember Tracy Vote: 5:0 with Mayor Lemon and Councilmember Mitchell absent from meeting.

B.1 Approval Of The City Council Minutes From The Regular Scheduled Meeting Of October 7, 2010. Approved under the Consent Agenda.

B.2 Approval Of The City Council Minutes From The Special Called Joint Parks And Recreation Advisory Board Meeting Of October 14, 2010. Approved under the Consent Agenda.

City Council Minutes November 4, 2010 Page 2 of 9

B.3 Approval Of The City Council Minutes From The Regular Scheduled Meeting Of October 21, 2010. Approved under the Consent Agenda.

B.4 Receipt Of Minutes From The Community Development Corporation ("4B") Meeting Of September 14, 2010. Received under the Consent Agenda.

B.5 Receipt Of Minutes From The Economic Development Sales Tax Corporation ("4A") Meeting Of August 16, 2010. Received under the Consent Agenda.

B.6 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of September 21, 2010. Received under the Consent Agenda.

B.7 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of October 5, 2010. Received under the Consent Agenda.

C.1 Z-10-007 Second Reading And Approval On An Ordinance To Rezone Approximately 4.114 Acres Of Land From Local Retail (LR) To General Office (GO), Owned By Fellowship Bible Church, Located On The East Side Of Parmer Lane Just North Of Ranch Trails, In Williamson County, Texas. (Z-10-007) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z03-10-11-04-C1

C.2 Z-10-010 Second Reading And Approval On An Ordinance To Rezone Approximately 8.00 Acres Of Land From General Retail (GR) To General Office (GO), Owned By Cedar Park Health System LP, Located At 701 and 801 East Whitestone Boulevard, In Williamson County, Texas. (Z-10-010, City-Initiated) The Planning And Zoning Commission Voted To Recommend Approval Of General Office (GO) For This Tract.

Approved under the Consent Agenda.

Ordinance Number Z04-10-11-04-C2

C.3 Second Reading And Approval On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02 and 11.12, Zoning Districts And Regulations, For The Purpose Of Adding Non Emergency Medical Transport Service As A Permitted Use. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Approved under the Consent Agenda.

City Council Minutes November 4, 2010 Page 3 of 9

Ordinance Number CO05-10-11-04-C3

C.4 Second Reading And Approval On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning, Article 11.02, Zoning Districts And Regulations, Division 17, General Office District For The Purpose Of Adding Assisted Living As A Secondary Use In This District. The Planning And Zoning Commission Recommended Approval Of The Amendment.

Approved under the Consent Agenda.

Ordinance Number CO06-10-11-04-C4

C.5 Second Reading And Approval On An Ordinance To Amend Chapter 4, Rule 4.3 and Rule 4.4 Of The Rules Of Procedure For City Council Pertaining To Board, Commission And Committee Appointments.

Approved under the Consent Agenda.

Ordinance Number CO07-10-11-04-C5

D.1 A Resolution Authorizing A Special Permit To Hold A Holiday Family Fun Day At Milburn Park. Approved under the Consent Agenda.

Resolution Number R14-10-11-04-D1

D.2 A Resolution Authorizing The Liability Release For Armstrong Buttercup Creek, L.P And D.T. Land Group, Inc., In Conjunction With The 2010 Blue Santa Program. Withdrawn from the Agenda.

D.3 A Resolution Authorizing The Pet Food For Library Fines Program During The Week Of February 7 - February 13, 2011. Approved under the Consent Agenda.

Resolution Number R16-1-11-04-D3

D.4 A Resolution Authorizing The Use Of The Construction Manager At Risk (CMR) Delivery Process For The Purpose Of Constructing The Field Operations Building. Approved under the Consent Agenda.

Resolution Number R17-10-11-04-D4

D.5 Approval For The Appointment Of Darwin Marchell And Tom Gdala, Alternate, To The Capital Area Metropolitan Planning Organization ("CAMPO") Technical Advisory Committee ("TAC"). Approved under the Consent Agenda.

City Council Minutes November 4, 2010 Page 4 of 9

No Resolution Number assigned.

D.6 Authorization To Excuse The Absence Of Councilmember Lowell Moore From The October 21, 2010 Regular Scheduled Council Meeting. Approved under the Consent Agenda.

No Resolution Number assigned.

PUBLIC HEARINGS E.1 First Public Hearing And Commentary On The Petition By Nancy Brassfield For Voluntary Annexation Of Approximately 3.75 Acres Of Land Located On The West Side Of Toro Grande Boulevard Just North Of The City Limits Line. Emily Barron, Senior Planner, stated this is the first of two required public hearings on the proposed voluntary annexation of approximately 3.75 acres of land located on the west side of Toro Grande Boulevard just north of the city limits line. Nancy Brassfield has petitioned the City for annexation of the 3.75 acres for development of the site in conjunction with adjacent properties already in the City limits.

Mayor Pro Tem Fuller opened the Public Hearing. No Public Comment. Mayor Pro Tem Fuller closed the Public Hearing.

E.2 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Article 4 Of Chapter 4, Entitled Sexually Oriented Businesses. Councilmember Dale addressed the Council regarding the proposed ordinance. The City’s Legal Department was tasked to begin a systematic review of the City’s ordinances with the intent to update, simplify, consolidate and repeal such ordinances as appropriate. During this process, the City Attorney reviewed the Business Entity Chapter of the City’s Code of Ordinances and, in so doing, determined that the City’s ordinance on Sexually Oriented Businesses (“SOB’s”), enacted in 1992, could use a thorough review. The City Council directed that a committee be formed to review the existing ordinance, current law, reports and studies and make all appropriate recommendations. Councilmember Dale chaired this Committee.

Councilmember Dale reviewed the members of the Committee, the studies pertaining to sexually oriented businesses, laws and regulations related to the placement of SOB’s in a community.

Chief Henry Fluck, Police Department, addressed Council regarding the impact to property values and crime rates.

Councilmember Dale reviewed the proposed changes to the ordinance and briefly addressed the changes to zoning and the possible location of any SOB’s in Cedar Park. There are currently no SOB’s located in Cedar Park.

City Council Minutes November 4, 2010 Page 5 of 9

Mayor Pro Tem Fuller opened the Public Hearing. No Public Comment. Mayor Pro Tem Fuller closed the Public Hearing.

E.3 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning To 1) Remove Sexually Oriented Business As A Permitted Use With Associated Regulations In Division 21, Heavy Commercial (HC) And To 2) Add Sexually Oriented Business As A Permitted Use With Associated Regulations To Division 27, Heavy Industry (HI). The Planning And Zoning Commission Voted To Approve This Amendment.

Emily Barron, Senior Planner, addressed Council regarding the proposed modification pertaining to sexually oriented businesses. The proposed amendments are modifications to the Chapter 11, Zoning Ordinance to remove Sexually Oriented Businesses as a permitted use and associated regulations in Division 21, Heavy Commercial (HC) and to add Sexually Oriented Business as a permitted use with associated regulations under Division 27, Heavy Industrial (HI).

The Planning and Zoning Commission held a public hearing on October 19, 2010. No public testimony was received. The Planning and Zoning Commission voted 7-0 to recommend approval of the proposed amendment.

Mayor Pro Tem Fuller opened the Public Hearing. No Public Comment. Mayor Pro Tem Fuller closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of Appointment To Place 3 On The Parks And Recreation Advisory Board With A Term To Expire July 31, 2011. (Mitchell) Item withdrawn from the Agenda due to Councilmember Mitchell’s absence. This item will be placed on the November 18, 2010 Agenda.

F.2 Consideration Of Appointment To Place 5 On The Board Of Adjustments With A Term To Expire January 31, 2011. (Dale) Agenda Item F.2 called after Agenda Item F.6

Councilmember Dale spoke about the appointment of John Miri to Place 5 on the Board of Adjustments.

Mr. Miri addressed the Council and expressed his interest in serving on the Board.

Motion to appoint John Miri to Place Five on the Board of Adjustments with a term to expire January 31, 2011.

City Council Minutes November 4, 2010 Page 6 of 9

Movant: Councilmember Dale Second: Councilmember Powell Vote: 5:0 with Mayor Lemon and Councilmember Mitchell absent from meeting.

F.3 Consideration And Review Of Request For Quotation (RFQ) For Newspaper Advertising. Agenda Item F.3 called after Agenda Item F.1

Josh Selleck, Finance Director, stated staff has drafted a Request for Quotation that will be sent out for newspaper advertising. Mr. Selleck reviewed the RFQ.

General discussion followed regarding the scoring matrix and response points, increasing the cost factor to greater than 25%, website site points to utilize number of clicks to get to City ads, and add percentage of households in City and ETJ that receive the paper at least once a week.

No action taken. Staff will bring back a revised scoring matrix at a later date.

F.4 Consideration Of The Tourism Strategy And Process. (Fuller) Mayor Pro Tem Fuller asked for this item to be placed on the agenda. He would like to see a strategic plan put into place for the Tourism Advisory Board. MPT Fuller addressed the Lone Star Conference being interested in the Cedar Park Center for the 2011/12 season. Tourism can greatly impact the community and the fiscal impact to the budget and should be an important focus.

Councilmember Powell stated there are three aspects to Tourism which involve the Chamber of Commerce, the Tourism Advisory Board and also the City. Questions need to asked and answered related to who is leading, who will answer or respond, and who will act.

Councilmember Dale inquired if the Chamber had a written plan for Tourism.

Councilmember Powell inquired about the contract the Chamber had with the City to provide tourism services and what the deliverables are.

Councilmember Tracy stated there needs to be coordination between the Chamber, the Cedar Park Center and also the City.

General discussion followed regarding the joint meeting with the Tourism Advisory Board, hierarchy of roles and responsibilities, tourism goals and objectives, and the Tourism Board’s ability to answer direct questions at the joint meeting with Council.

No action taken.

F.5 Update On The Planetarium/Science Center Project. (Tracy)

City Council Minutes November 4, 2010 Page 7 of 9 Councilmember Tracy provided an update on the Committee activities. The Committee received a former study that was conducted by Austin Community College and Leander ISD pertaining to a “Stellar Center” which incorporated a science center and education center. The plan was conceptual in nature and dealt with models, maintenance and operation, endowment funds and overall location. The plan was tabled due to land development issues.

Councilmember Tracy stated the plan would be evaluated by the Committee and will also review possible community partnerships with ACC and LISD. The next steps for the Committee include creating a proposal and layout, meeting with the major stakeholders which include ACC, Leander ISD, and Concordia to further discuss financing options, construction and land issues and general operation issues. After those meetings the Committee will make a recommendation to Council regarding a final proposal and possibly a feasibility study at that time.

No action taken.

F.6 Consideration Of The Noise Ordinance. (Powell) Mark Lewis, Building Inspections Director, addressed Council regarding the current noise ordinance in relation to construction. The hours for the start of construction are 6am in the winter and 5am in the summer. Mr. Lewis reviewed the ordinances for the surrounding cities. The overall start time is 7am.

General discussion followed regarding construction immediately adjacent to residential, sound and vibration of construction equipment, 5am being unacceptable for a start time, noise related to toll ways and impact to road projects. Staff will research modifications to the ordinance to include a 7am start time year round, 8am for construction within 100’ to residences, and construction related to toll ways and road projects.

No action taken.

EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (V.T.C.A.) (Open Meetings Law), “The City Council may meet in an unscheduled Closed Executive Meeting pursuant to provisions of the Open Meetings Law, Chapter 551, Government Code, V.T.C.A. for a matter on this agenda in accordance with the authority contained in the following sections”:

G.1 Section 551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

City Council Minutes November 4, 2010 Page 8 of 9 H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session No Executive Session conducted.

H.1 Mayor And Council Closing Comments. Councilmember Powell commented Cedar Park High School was beating Lake Travis 28-0.

Mayor Pro Tem Fuller reminded everyone of the Veterans Day Celebration and Shadow Run.

Councilmember Dale stated early voting at the Cedar Park Public Library was the second highest in Williamson County.

H.2 Adjournment. Mayor Pro Tem Fuller adjourned the meeting at 8:32 p.m.

PASSED AND APPROVED THIS 18TH DAY OF NOVEMBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes November 4, 2010 Page 9 of 9

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, NOVEMBER 18, 2010 AT 6:30 P.M.

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MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:31 p.m. All Council present with Councilmember Powell arriving at 6:40 p.m.

A.2 Invocation. Mayor Lemon gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Best Practices Recognized Agency Status For The Cedar Park Police Department - James McLaughlin, Jr., General Counsel, Executive Director, Texas Police Chiefs Association. James McLaughlin. Marlin Price and Tom Shehan, Texas Police Chiefs Association, presented the Cedar Park Police Department with a plaque for receiving the recognized agency status for the Best Practices Program.

A.5 Presentation: 2010 National Citizen Corps Achievement Award - Teen Advocates For Community Safety ("TACS"). Chief Chris Connealy, Fire Department, stated the Cedar Park Teen Advocates For Community Safety, known as TACS, received the 2010 National Citizen Corps Achievement Award issued by the Federal Emergency Management Agency. This award

City Council Minutes November 18, 2010 Page 1 of 11 recognizes innovative practices and achievements for communities and individuals across the nation that make our neighborhoods safer, stronger, and better prepared to manage any emergency situation.

Councilmember Powell arrived at 6:40 p.m.

A.6 Presentation: Cedar Park Fire Department Regional Award. Chief Chris Connealy, Fire Department, stated the Cedar Park Fire Department has recently been awarded and recognized as one of Austin’s Top Work Places.

Lt. Adam Story, Local 4243 President, provided background on the award. 469 companies nominated their workplace to participate in a free survey conducted by Workplace Dynamics on behalf of the Austin American Statesman to determine the top workplaces in the Austin metropolitan region. Of those, 118 companies agreed to have their employees surveyed in areas related to direction of the organization, career opportunities, execution by senior management, workplace human relation environment, how management is performing, ethics, communication, leadership, support of work/life flexibility, and benefits.

The Cedar Park FD ranked 19th among 40 small companies recognized. The Cedar Park Fire Department was the only city/county government in the top 75.

A.7 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Rick Alspaugh, Cedar Park Swimming, updated Council on the winter swimming program. There 148 participants in the program. Mr. Alspaugh also presented the Cedar Park Fire Department with a check in the amount of $100.

David Lawrence, Boy Scouts of America District Executive, addressed Council regarding the Boy Scouting program in Cedar Park. The Scouting program will take on greater community involvement and participation for 2011.

A.8 Mayor and Council Opening Comments. Councilmember Moore congratulated the Fire Department on the Top Work Place Award.

Councilmember Dale thanked everyone who was involved with the Veteran Day celebration and commented on the Healthy Woman event, congratulated the Fire Department and Police Department, and the three newly sworn in officers.

Councilmember Tracy commented on the Shadow Run for the Veteran Day celebration, and congratulated the Fire Department and Police Department.

Councilmember Powell commented on the Veteran Day event and thanked Mr. David Lawrence for his efforts with the Boy Scout program in Cedar Park.

City Council Minutes November 18, 2010 Page 2 of 11 Mayor Pro Tem Fuller commented on the Veteran Day events held in the community, Envision Central Texas, and requested a future agenda item related to the BCRUA and legislative affairs.

Councilmember Mitchell commented on the Veteran Day Shadow Run and thanked Yvonne Lane for her efforts with grants.

A.9 City Manager Report: Recognition For The Retirement Of Duane Smith. Brenda Eivens, City Manager, addressed the Council regarding Mr. Smith’s tenure with the City of Cedar Park and presented him with a clock in recognition of his retirement from the City.

A.10 City Manager Report: Introduction Of The Junior City Council Program Candidates. Philip Rodriguez, Assistant to the City Manager, introduced the new Junior City Council Program participants. Students from local area high schools are Grayson Roberts, Jaclyn Dixon, Maegan Evans, Richard Jacobs and Quentin Johnson. Not present were Bryana Wildung and Ashton Davis.

A.11 City Manager Report: Introduction Of Rawls Howard Director Of Planning And Development Services. Jose Madrigal, Assistant City Manager, introduced Rawls Howard. Mr. Howard was hired for the Director of Planning and Development Services.

A.12 City Manager Report: Follow-up On The Veterans Day Event Held On November 7th At Milburn Park - Curt Randa, Parks And Recreation Director. Curt Randa, Parks and Recreation Director, reviewed the events held in honor of Veterans Day. Approximately 70 participants ran in Cedar Park for the Shadow Run and 50 soldiers ran in Afghanistan.

A.13 City Manager Report: Update On The December 3rd Holiday Tree Lighting And Santa's Workshop At Heritage Oak Park - Curt Randa, Parks And Recreation Director. Curt Randa, Parks and Recreation Director, stated the Tree Lighting Event and Santa’s Workshop will both be held in December 3rd. The two events have been combined.

A.14 City Manager Report: October 2010 Permit Activity And Revenue Report - Mark Lewis, Building Inspections. Mark Lewis, Building Inspections Director, reviewed the October 2010 Permit Activity and Revenue report for Council.

A.15 City Manager Report: Update On The Skatepark Rules And Regulations Related To Bicycles - Curt Randa, Parks And Recreation Director. Curt Randa, Parks and Recreation Director, provided Council with a history for the development of the skatepark. From the eleven benchmark cities, only four have skateparks. The City of Allen allows bikes to use the skatepark facility. Leander, Round Rock and Sugarland have skateparks but do not allow bikes on the facility. Mr. Randa reviewed the facility design and maintenance issues associated with the use of skateboards

City Council Minutes November 18, 2010 Page 3 of 11 and bikes. Mr. Randa also discussed the City’s limited liability protection under 75.002 (e) pertaining to the use of bikes used on a facility not designed for them. A dirt pump track is being developed by local residents for BMX bikes at Milburn Park.

Public Comment: Marsha Kibbe, Leander, spoke in support of allowing BMX bikes at the skate park located in Brushy Creek Sports Park.

Raul De Lara, Leander, spoke in support of allowing BMX bikes at the skate park located in Brushy Creek Sports Park.

Zane Kibbe, Leander, spoke in support of allowing BMX bikes at the skate park located in Brushy Creek Sports Park.

Joshua Dissinger, Leander, spoke in support of allowing BMX bikes at the skate park located in Brushy Creek Sports Park.

Cassandra Smith, Austin, spoke in support of allowing BMX bikes at the skate park located in Brushy Creek Sports Park.

General discussion followed regarding staff’s recommendation to not assume the liability risk, issues with design differences between skateboards and bikes, and communication by citizens to use the City of Leander’s skate park.

Movant: Councilmember Dale Second: Councilmember Powell Vote: 7:0

B.1 Approval Of The City Council Minutes From The Special Called Meeting Of November 3, 2010. Approved under the Consent Agenda.

B.2 Approval Of The City Council Minutes From The Regular Scheduled Meeting Of November 4, 2010. Approved under the Consent Agenda.

C.1 Second Reading And Approval Of An Ordinance Amending The City Of Cedar Park Code Of Ordinances Article 4 Of Chapter 4, Entitled Sexually Oriented Businesses. Approved under the Consent Agenda.

Ordinance Number CO08-10-11-18-C1

City Council Minutes November 18, 2010 Page 4 of 11 C.2 Second Reading And Approval Of An Ordinance Amending The City Of Cedar Park Code Of Ordinances Chapter 11 Zoning To 1) Remove Sexually Oriented Business As A Permitted Use With Associated Regulations In Division 21, Heavy Commercial (HC) And To 2) Add Sexually Oriented Business As A Permitted Use With Associated Regulations To Division 27, Heavy Industry (HI). The Planning And Zoning Commission Voted To Approve This Amendment. Approved under the Consent Agenda.

Ordinance Number CO09-10-11-18-C2

D.1 A Resolution Authorizing And Directing The City Manager To Accept An Award From The Texas Department Of Public Safety Under The Capital Area Council Of Government ("CAPCOG") Regional Homeland Security SHSP Grant Associated With The Cedar Park Police Department To Purchase Equipment To Develop, Practice, And Implement A Standardized Method To Respond To Regional Events Requiring Mobile Field Force Intervention And/Or Law Enforcement Strike Team Response For $6,620. Approved under the Consent Agenda.

Resolution Number R15-10-11-18-D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute A Contract With The LMC Corporation For City Hall, 2nd Floor, Office Reconfiguration In The Amount Of $98,400.23. Approved under the Consent Agenda.

Resolution Number R18-10-11-18-D2

D.3 A Resolution Authorizing And Directing The City Manager To Accept A CCP Award From The Texas Department Of Public Safety Under The Capital Area Council Of Government ("CAPCOG") Regional Homeland Security CCP Grant Associated With The Fire Department For Equipment And Training For The Cedar Park Community Emergency Response Team ("CERT"), Teen Advocates For Community Safety ("TACS") Program, And The Cedar Park Police Academy Alumni Association For $24,067. Approved under the Consent Agenda.

Resolution Number R19-10-11-18-D3

D.4 A Resolution Authorizing the Liability Release for Armstrong Buttercup Creek, L.P. and D.T. Land Group, Inc., In Conjunction With the 2010 Blue Santa Program. Approved under the Consent Agenda.

Resolution Number R20-10-11-18-D4

D.5 A Resolution Amending The Future Land Use Plan For Property Located Along West Whitestone Boulevard And Woodall Drive Between New Hope Drive And Power Lane From Neighborhood Office/Retail/Commercial To Regional Office/Retail/Commercial And Industrial. Approved under the Consent Agenda.

City Council Minutes November 18, 2010 Page 5 of 11

Resolution Number R21-10-11-18-D5

D.6 A Resolution Amending The Authorized Representatives For The City Of Cedar Park's TexPool Investment Account To Delete Former Assistant Finance Director Stacie Carter, CPA And Add Assistant Finance Director Joseph Gonzales, As An Authorized Representative. Approved under the Consent Agenda.

Resolution Number R22-10-11-18-D6

D.7 A Resolution Awarding Construction Bid For The 2011 Water Storage Tank Rehabilitation To NG Painting, LP For $431,500. Approved under the Consent Agenda.

Resolution Number R23-10-11-18-D7

D.8 Authorization To Excuse The Absence Of Mayor Lemon And Councilmember Mitchell From The November 4, 2010 Regular Scheduled Council Meeting. Approved under the Consent Agenda.

No Resolution Number assigned.

PUBLIC HEARINGS E.1 Second Public Hearing And Commentary On The Petition By Nancy Brassfield For Voluntary Annexation Of Approximately 3.75 Acres Of Land Located On The West Side Of Toro Grande Boulevard Just North Of The City Limits Line. Emily Barron, Senior Planning, stated this is the second of two required public hearings on the proposed voluntary annexation of approximately 3.75 acres of land located on the west side of Toro Grande Boulevard just north of the city limits line. Nancy Brassfield has petitioned the City for annexation of the 3.75 acres for development of the site in conjunction with adjacent properties already in the City limits.

Mayor Lemon opened the Public Hearing. No public/citizen comment. Mayor Lemon closed the Public Hearing.

E.2 First Reading And Public Hearing On An Ordinance Amending The City Of Cedar Park Code Of Ordinances, Chapter 8, Article 8.08, Noise Regulations, Section 8.08 (3), Construction Noise For The Purpose Of Amending Allowable Hours Of Construction Activity Within Six-Hundred Feet (600') Of An Occupied Dwelling Or Dwelling Unit.

Mark Lewis, Building Inspections Director, addressed Council regarding the proposed amendments to the current noise regulations ordinance. At the November 4, meeting, Council also directed staff to prepare options for establishing more restrictive construction hours for projects taking place within 100-feet of occupied dwellings. The two options presented by staff include:

City Council Minutes November 18, 2010 Page 6 of 11 [OPTION 1] Within one-hundred feet (100’) of a dwelling or dwelling unit occupied as a residence, no construction activity, except that taking place within the confines of an enclosed structure, shall be conducted except between the hours of 8:00 a.m. and 8:00 p.m.

[OPTION 2] Within one-hundred feet (100’) of a dwelling or dwelling unit occupied as a residence that is also within one-hundred feet (100’) of the Toll-road 183A right-of-way, no construction activity, except that taking place within the confines of an enclosed structure shall be conducted except between the hours of 8:00 a.m. and 8:00 p.m.

Staff did solicit stakeholder input and contacted the Greater Austin Homebuilders Association. The HBA would like more opportunity to gather feedback from impacted contractors and developers pertaining to the proposed changes.

General discussion followed regarding the proposed ending time, consistency in the changes, grandfathering of current roadway projects, impact to cost with decreased construction times, 100ft rule for residential areas, consideration of the two options and the pros and cons of each, unintended consequences, impact to LISD and the building of schools, and the possibility of a corridor overlay concept.

Mayor Lemon opened the Public Hearing. No public/citizen comment. Mayor Lemon closed the Public Hearing.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Consideration Of Appointment To Place Three On The Parks And Recreation Advisory Board With A Term To Expire July 31, 2011. (Mitchell) Motion to appoint Mary Caputo to Place Three on the Parks & Recreation Advisory Board.

Movant: Councilmember Mitchell Second: Mayor Pro Tem Fuller Vote: 7:0

F.2 Consideration Of Appointment To Place Two On The Cedar Park Economic Development Corporation ("4A") Board With A Term To Expire January, 2013. (Fuller) Motion to appoint Kerry Watson to Place Two on the 4A Board.

Movant: Mayor Pro Tem Fuller Second: Councilmember Powell. Vote: 7:0

City Council Minutes November 18, 2010 Page 7 of 11 F.3 Consideration Of Appointment To Place Five On The Cedar Park Community Development Corporation (4B) Board With A Term To Expire October, 2012. (Dale) Motion to appoint Brian Rice to Place Five on the 4B Board.

Movant: Councilmember Dale Second: Councilmember Tracy Vote: 7:0

F.4 Consideration Of A Resolution Offering Support To The Upper Brushy Creek Water Control and Improvement District Filing Of Grant Application With The Texas Water Development Board For A Flood Protection Planning Grant. Garret Bonn, Senior Engineer, addressed Council regarding the Upper Brushy Creek WCID. Three dams located in Cedar Park are operated and maintained by the WCID. The Flood Protection Planning Grant would be used to partially fund a basin-wide flood study and analysis to identify problems related to creek flooding, to identify potential regional solutions, and to estimate the benefits and costs of those regional solutions. The grant pays for up to 50% of the study’s costs and the WCID Board will fund the remaining 50%.

Motion to approve the Resolution offering support to the Upper Brushy Creek Water Control and Improvement District filing of grant application with the Texas Water Development Board for a Flood Protection Planning Grant.

Movant: Councilmember Powell Second: Councilmember Tracy Vote: 7:0

Resolution Number R24-10-11-18-F4

F.5 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority ("BCRUA") Executing A Contract With BRH-Garver Construction, LP In The Amount Of $5,624,275.90 For The Construction Of The BCRUA Treated Water Transmission Line Segment 2C Project. Sam Roberts, Assistant City Manager, stated this item is for the BCRUA Treated Water Transmission Line Segment 2C Project is part of the BCRUA Regional Water System which will construct approximately 7,700 linear feet of 72 inch treated water transmission line.

Six sealed bids were received by the BCRUA on October 5, 2010. BRH-Garver Construction, LP submitted the low bid of $5,624,275.90, which was approximately $3.9 million under the original cost estimate. Since only Round Rock and Leander have capacity in this line, Cedar Park will have no costs in the construction of Segment 2C. Per the Bylaws of the BCRUA, all three City Councils must approve contracts over $500,000.

Motion to approve the Resolution consenting To The Brushy Creek Regional Utility Authority ("BCRUA") Executing A Contract With BRH-Garver Construction, LP In The Amount Of

City Council Minutes November 18, 2010 Page 8 of 11 $5,624,275.90 For The Construction Of The BCRUA Treated Water Transmission Line Segment 2C Project.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

Resolution Number R25-10-11-18-F5

F.6 Consideration To Amend The Use Of I-9 Verification With E-Verify. (Dale) Miguel Ozuna, Human Resources Director, reviewed the I-9 process and further described the E-Verify system. E-Verify does not replace the I-9 process. The Department of Homeland Security will require a Memorandum of Understanding with the City in order to access the online service.

Councilmember Dale inquired if the I-9 process is a pre-employment condition.

Councilmember Powell commented on the administration and sign up for the online system.

No action taken.

F.7 Consideration Of An Emergency Management Notification System. (Powell). Philip Rodriguez, Assistant to the City Manager, addressed Council regarding emergency management notification systems. Two vendors were identified, Blackboard Connect and RED ALERT, both of which were present at the Texas Municipal League Conference. Mr. Rodriguez briefly reviewed the emergency notification systems which enables a local government a full range of rapid alerts and communication methods including phone, mobile phone, direct SMS/text, email, and fax.

Councilmember Powell asked for this item to be placed on the Agenda. If Council has any interest in pursuing an emergency notification system, he would like this added to the FY2012 budget discussions for possible funding.

General discussion followed regarding home land lines, and possible utilization for communications other than emergencies.

No action taken.

F.8 Consideration Of A Cedar Park Conserves Campaign. (Dale) Councilmember Dale requested this item to be placed on the Agenda. He would like to begin discussions and have input from the Council regarding the Strategic Prioritization goal, the development of a “Cedar Park Conserves” campaign.

City Council Minutes November 18, 2010 Page 9 of 11 Councilmember Powell and Dale briefly reviewed the items related to Land Use/Community Planning, Water Management and Supply, Transportation/Mobility, Energy, Air and Solid Waste and Recycling.

General discussion followed regarding enhancing what is currently in place or exists, alternative fuel utilization, amd water conservation landscaping.

No action taken.

F.9 Consideration And Review Of Request For Quotation (RFQ) For Newspaper Advertising. Cindy Hallett, Purchasing Manager, reviewed the changes made to the proposed RFQ for Newspaper Advertising.

Councilmember Powell stated the comments made at the November 4th meeting were all incorporated into the revised RFQ.

Motion to approve the Request for Quotation for Newspaper Adverting as presented by staff.

Movant: Mayor Pro Tem Fuller Second: Councilmember Tracy Vote: 7:0

G.0 Executive Session

G.1 Section 551.071 (1)(A) And (2) Consultation With Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session No Executive Session conducted.

H.1 Mayor And Council Closing Comments.

City Council Minutes November 18, 2010 Page 10 of 11 Councilmember Powell commented on the Cedar Park High School Track Team and requested a future agenda item of the appointment of Place 1 on the 4B Board.

Councilmember Dale congratulated Mayor Pro Tem Fuller on his LCRA appointment and commented on the Cedar Park High School Band.

Mayor Pro Tem Fuller asked for a future agenda item for the appointment of Place 2 on the Parks Board, Planning & Zoning Commission, and Tourism Boards. He commented on Military Appreciation Night on November 20th at the CPC.

Councilmember Tracy commented on the Kiwanis Club presentation he gave on the City.

Councilmember Moore inquired about the drainage study.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 9:55 p.m.

PASSED AND APPROVED THIS 9TH DAY OF DECEMBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes November 18, 2010 Page 11 of 11

CITY OF CEDAR PARK SPECIAL CALLED CITY COUNCIL MEETING THURSDAY, DECEMBER 2, 2010, AT 6:30 P.M. Cedar Park Recreation Center Meeting Rooms 1435 Main Street, Cedar Park TX 78613

Mayor Bob Lemon Mayor Pro Tem Mitch Fuller Matt Powell, Councilmember Place One Tony Dale, Councilmember Place Five Scott Mitchell, Councilmember Place Three Don Tracy, Councilmember Place Six Lowell Moore, Councilmember Place Four Brenda Eivens, City Manager

MINUTES A. CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Pro Tem Fuller called the meeting to order at 6:40 p.m. Mayor Lemon arrived at 6:55 p.m. Councilmember Mitchell absent, all others present.

B. Mayor and Council Opening Comments. Roundtable opening comments were conducted.

C. Presentation: 1. Overview Of Potential Issues Affecting The City In The Upcoming 82nd Legislative Session – Frank Sturzl, Hillco Partners. Clint Smith, Hillco, reviewed the past November election for State and Federal. Mr. Smith also reviewed the 82nd Legislative Session for expectations and bills to monitor during the session. The main items during this session will include statewide budget concerns, redistricting, education, and sunset review committees.

Frank Sturzl, Hillco, reviewed the three primary issues impacting municipalities. They include the budget shortfall, private property rights, and appraisal and revenue caps.

City Council Minutes December 2, 2010 Page 1 of 3

Mayor Lemon arrived at 6:55 p.m. during presentation.

D. Discussion Only: 1. Council’s Preliminary Legislative Goals And Objectives For The 82nd Legislative Session. i) General Legislative Policy. ii) Priority Legislative Agenda. iii) Proactive Priority Legislative Proposals. iv) Goals Of Legislative Activities.

Clint Smith, Hillco, reviewed the proposed 2011 Legislative Agenda for the City of Cedar Park. The general legislative policy will be to preserve the City’s strategic goals and interests. Mr. Smith reviewed the priority legislative agenda which include local budgeting authority and revenue sources related to appraisals caps and also truth in taxation, water supplies, local transportation projects, economic development programs, local control of land use, collective bargaining, sales tax collection, and emergency service districts.

General discussion followed on the proposed legislative agenda, areas of concern and focus, statewide K-2 ban, standardization for bond elections for all entities, enterprise funds, TxDOT signage on state maintained roads, hand gun controls, and County control of zoning.

E. Consideration And Possible Action Authorizing The Brushy Creek Regional Utility Authority To Employ A Legislative Representative. (Fuller) Mayor Pro Tem Fuller reviewed the short-term and long-term interests for the BCRUA. A legislative representative would be advantageous for the Board.

General discussion followed pertaining to the use and role of a legislative representative and the approximate costs to employ.

Motion to authorize the Brushy Creek Regional Utility Authority to employ a legislative representative,

Movant: Mayor Pro Tem Fuller Second: Councilmember Powell Vote: 6:0 with Councilmember Mitchell absent from meeting.

F. Mayor and Council Closing Comments. Roundtable closing comments were conducted.

G. Adjournment. Mayor Lemon adjourned the meeting at 8:50 p.m.

City Council Minutes December 2, 2010 Page 2 of 3

PASSED AND APPROVED THIS 16TH DAY OF DECEMBER, 2010.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes December 2, 2010 Page 3 of 3

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, DECEMBER 9, 2010 AT 6:30 P.M.

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MINUTES A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:30 p.m. Councilmember Moore arrived at 8:35 p.m. All Council present.

A.2 Invocation: Mayor Lemon. Invocation given by Mayor Lemon.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: H-E-B Grocery Store And Keep Texas Beautiful For Environmental Education And Recycling Efforts Contribution To The City Of Cedar Park. Walter Dobravolsky, H-E-B, and Leticia Mendoza presented $3000 to the City of Cedar Park for the Green Bag Grant program. This is the third year the City has received.

A.5 Presentation: H-E-B Grocery Store Contribution To The Cedar Park Fire Department's Teen Advocates For Community Safety ("TACS") Program, Cedar Park Police Department And The Parks and Recreation Department. Walter Dobravolsky, H-E-B, presented the Fire Department TACS Program, Police Department and Parks Department with cash donations and gift cards for various

City Council Minutes December 9, 2010 Page 1 of 12 programs including the Santa’s Workshop Event/Tree Lighting and the Police Awards Banquet.

A.6 Presentation: Texas Stars Foundation Contribution Of In-Kind Gifts To The Cedar Park Citizens Police Academy Alumni Association For The Cedar Park Police Department's Blue Santa Program. Dean Young, President, Cedar Park Citizens Police Academy Alumni Association, addressed the Council regarding the Texas Stars Foundation presentation of $2000 of in- kind gifts including a certificate for a Suite Night on March 1st, 2011, a team-autographed goalie stick and shirt plus a variety of Stars items and gifts to the CPCPAAA for the Blue Santa Program.

A.7 Presentation: Recognition Of The Parks And Recreation Department Regional Maintenance Rodeo Awards From The Texas Recreation And Parks Society (TRAPS) - James Hemenes, Parks And Recreation Assistant Director. James Hemenes, Assistant Director of Parks & Recreation, recognized the Department’s participation in the recent Texas, Recreation and Parks Society Region Five and Seven Maintenance Rodeo competition. This event provides an opportunity for Maintenance Staff to display their skills in everyday maintenance practices and compete with other cities parks and recreation staff. The City of Cedar Park team placed third overall, with some staff placing first in their events. The Cedar Park team was comprised of: • Joe Flores & James Williams – Trailer Obstacle Course • Brad Warzon – Mower Obstacle Course • AJ Hays & Chris Noah – Irrigation Assembly • Charles Hernandez – Backpack Blower Competition • Lee Reeves – Nail Driving • Manuel Perez – Plant/Weed Identification • Fernando Pinones – Backhoe Competition

A.8 Presentation: 40th Anniversary Of The Capital Area Council Of Governments ("CAPCOG”) Report: Betty Voights, Executive Director. Withdrawn from Agenda. Will be on December 16, 2010 Agenda.

A.9 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) None.

A.10 Mayor and Council Opening Comments. Mayor Lemon commented on his daughter’s recent wedding nuptials and his youngest daughter making the all district volleyball.

Mayor Pro Tem Fuller commented on the KEYE “My Home Town Series” for Cedar Park, the Williamson County Growth Summit, and a recent interview with KVUE regarding ACC and Capital Metro.

City Council Minutes December 9, 2010 Page 2 of 12 Councilmember Powell commented on the Williamson County Growth Summit, Cedar Park Center award, CAPCOG meeting, and the Austin Chamber of Commerce meeting pertaining to regional efforts with the upcoming Legislative session.

Councilmember Dale commented on the Williamson County Growth Summit.

Mayor Pro Tem Fuller thanked Councilmember Dale for his efforts with the state-wide K- 2 ban and also the Cedar Park Citizen for coverage of the issues.

A.11 City Manager Report : Introduction Of New Employees: i. Jennie Blankenship Huerta - Community & Media Relations Manager. Jose Madrigal, Assistant City Manager, introduced Jennie Blankenship Huerta who was hired as the Community & Media Relations Manager.

ii. Joseph Gonzales - Assistant Finance Director. Josh Selleck, Finance Director, introduced Joseph Gonzales who was hired for the Assistant Finance Director position.

A.12 City Manager Report: Water IQ 2010 Campaign: Measuring Effectiveness. Katherine Woerner, Utility Program Manager, summarized the Water IQ Program for 2010. Ms. Woerner stated the priorities for the 2010 program included (1) informing the public of how water systems work, (2) introduction of Kids Campaign, and (3) measurement of the campaign’s success. Ms. Woerner briefly reviewed the three priorities.

A.13 City Manager Report: FY 2010 Unaudited Year End Financial Update - Josh Selleck, Finance Director. Josh Selleck, Finance Director, provided Council with an unaudited final report for Fiscal Year 2010. Reviewed were the General Fund Revenues and expenditures, property tax collections, sales tax collections, and summary of the Utility Fund.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item D.1 and D.2 removed from the Consent Agenda by Mayor Pro Tem Fuller Agenda Item D.5 removed from the Consent Agenda by Councilmember Dale.

Motion to approve all items on the Consent Agenda consisting of Agenda Item B, C and D, excluding Agenda Items D.1, D.2 and D.5.

Movant: Mayor Pro Tem Fuller Second: Councilmember Mitchell Vote: 6:0 with Councilmember Moore absent for vote.

City Council Minutes December 9, 2010 Page 3 of 12 B.1 Approval Of The City Council Minutes From The Regular Scheduled Meeting Of November 18, 2010. Approved under the Consent Agenda.

B.2 Receipt Of Minutes From The Cedar Park Community Development Corporation ("4B") Meeting Of October 12, 2010. Received under the Consent Agenda.

B.3 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of October 19, 2010. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of November 1, 2010. Received under the Consent Agenda.

C.0 Second Reading Of An Ordinance: No Item For Consideration On Consent Agenda.

D.1 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board For An Economic And Community Enhancement Program In An Amount Not To Exceed $250,000.00 Consisting Of Activities To Implement A Neighborhood Park Improvement Program Consisting Of The Purchase And Installation Of Materials And Equipment For Various Neighborhood Parks Within The City Of Cedar Park. Agenda Item D.1 removed from the Consent Agenda by Mayor Pro Tem Fuller. Agenda Item D.1 and D.2 called together. Refer to Agenda Item D. 2 for discussion and action taken.

Resolution Number R26-10-12-09-D1

D.2 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board For Funding Of Neighborhood Park Improvements At Elizabeth Milburn Park, 1901 Sun Chase Boulevard In An Amount Not To Exceed $150,000. Agenda Item D.2 removed from the Consent Agenda by Mayor Pro Tem Fuller. Agenda Item D.1 and D.2 called together.

Mayor Pro Tem Fuller stated he asked for these items to be pulled to demonstrate and praise a successful program. These items are related to having a strategic map, taking care of what the City already has, Council retreats, coordination of projects with the 4B Board and long range planning.

Motion to approve Agenda Items D.1 and D.2.

Movant: Mayor Pro Tem Fuller Second: Councilmember Powell Vote: 6:0 with Councilmember Moore absent for vote.

Resolution Number R27-10-12-09-D2

City Council Minutes December 9, 2010 Page 4 of 12

D.3 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board For Funding Of An Internally Lighted Street Name Signs (ILSN) Project At Various Street Intersection Locations In The City Of Cedar Park, Texas In An Amount Not To Exceed $350,000. Approved under the Consent Agenda.

Resolution Number R28-10-12-09-D3

D.4 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board To Provide For Economic and Community Development Enhancements To Address Safety, Mobility And Aesthetics Through Continuation Of The U.S. 183 Corridor Enhancement Program In An Amount Not To Exceed $100,000. Approved under the Consent Agenda.

Resolution Number R29-10-12-09-D4

D.5 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board To Provide Funding For A Community Identification Program To Provide For Continuation Of The Implementation Of The Cedar Park Street Sign Upgrade Projects And Gateway/Entryway Sign Projects in an amount not to exceed $500,000. Agenda Item D.5 removed from the Consent Agenda by Councilmember Dale. Councilmember Dale inquired about the large amount of funds and how they would specifically be used.

Duane Smith, Community Development Manager, stated the overall sum of $500,000 provides for the continued implementation of the Cedar Park Street Sign Upgrade and the Gateway/Entryway Sign Projects. The subcommittee will meet in January to further discuss and evaluate the gateway signage. The Keep Texas Beautiful Grant is being used for median improvements and beautification on RM 1431.

Motion to approve the Resolution as presented by Staff.

Movant: Councilmember Dale Second: Mayor Pro Tem Fuller Vote: 6:0 with Councilmember Moore absent for vote.

Resolution Number R30-10-12-09-D5

D.6 A Resolution Authorizing And Directing The City Manager To Execute Change Order #3 With FTwoods Construction Services Inc. For The Park Street Reconstruction Project In The Amount Of $139.161.69. Approved under the Consent Agenda.

Resolution Number R31-10-12-09-D6

City Council Minutes December 9, 2010 Page 5 of 12 D.7 A Resolution Authorizing And Directing The City Manager To Enter Into An Agreement With The Texas Department Of Transportation (TxDOT) To Enable The Cedar Park Police Department To Be A Testing And Evaluation Site For The Proposed State Wide Crash Reporting And Analysis For Safer Highways ("CRASH") System. Approved under the Consent Agenda.

Resolution Number R32-10-12-09-D7

D.8 A Resolution Authorizing And Directing The City Manager To Sign A Memorandum Of Understanding With The US Department Of Homeland Security For Participation In The E- Verify Program. Approved under the Consent Agenda.

Resolution Number R33-10-12-09-D8

D.9 A Resolution Authorizing The Release Of A Portion Of A Right Of Way Easement Granted To The Cedar Park Water Supply Corporation Recorded In Vol. 525, Page 145 In The Official Records Of Williamson County, Texas. Approved under the Consent Agenda.

Resolution Number R34-10-12-09-D9

D.10 A Resolution Authorizing And Directing The Mayor To Execute An Agreement For Tourism Services With The Cedar Park Chamber Of Commerce. Approved under the Consent Agenda.

Resolution Number R35-10-12-09-D10

PUBLIC HEARINGS E.1 ANX-10-001 First Reading And Public Hearing On An Ordinance For The Purpose Of Extending The Boundary Limits Of The City Of Cedar Park, Texas, Providing For The Voluntary Annexation Of Approximately 3.75 Acres Of Land Located On The West Side Of Toro Grande Boulevard Just North Of The City Limits, And Otherwise Described By Metes And Bounds In Williamson County, Texas. (ANX-10-001) Rawls Howard, Director of Planning, stated this is for the voluntary annexation of approximately 3.75 acres of land located on the west side of Toro Grande Boulevard. Nancy Brassfield has petitioned the City for annexation of the 3.75 acres for development of the site in conjunction with the properties already in the City limits.

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

E.2 Z-10-008 First Reading And Public Hearing On An Ordinance To Rezone Approximately 4.3 Acres Of Land From Light Industrial (LI) To General Industrial (GI), Owned By 950 Brushy Creek Road LLC, Located On The East Side Of 183A Toll Road Just South Of Brushy Creek

City Council Minutes December 9, 2010 Page 6 of 12 Road, In Williamson County, Texas. (Z-10-008) The Planning And Zoning Commission Voted To Recommend Approval Of General Industrial (GI) For This Tract.

Rawls Howard, Director of Planning, stated this for the rezoning of property currently designated as Light Industrial (LI) to be rezoned to General Industrial (GI) for land located on the east side of 183A Toll Road just south of Brushy Creek Road. The Planning and Zoning Commission voted 7-0 to approve the request.

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

Councilmember Powell inquired about the differences between LI and GI.

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Second Reading And Consideration To Approve An Ordinance Amending The City Of Cedar Park Code Of Ordinances, Chapter 8, Article 8.08, Noise Regulations, Section 8.08 (3), Construction Noise For The Purpose Of Amending Allowable Hours Of Construction Activity Within Six-Hundred Feet (600') Of An Occupied Dwelling Or Dwelling Unit. Rawls Howard, Director of Planning, stated this ordinance amendment is for noise regulations pertaining to construction activities. In preparing the ordinance for final reading, staff has included provisions that reflect the various options proposed by City Council during the ordinance’s November 18, 2010 first reading and public hearing. Mr. Howard reviewed the following three options:

[OPTION 1]: Within 100-feet of a dwelling or dwelling unit occupied as a residence, construction activity is limited to the hours between 8 a.m. and 8 p.m.

[OPTION 2]: Within 100-feet of a dwelling or dwelling unit that is both occupied as a residence and within 100-feet of the Toll Road 183A right-of-way, construction activity is limited to the hours between 8 a.m. and 8 p.m.

[OPTION 3]: Within 100-feet of a dwelling or dwelling unit that is both occupied as a residence and within 100-feet of an arterial roadway, construction activity is limited to the hours between 8 a.m. and 8 p.m.

Any amendments will include all current projects unless grandfathering is identified in the ordinance amendment. The effective date for any amendments is scheduled for February 1, 2011.

City Council Minutes December 9, 2010 Page 7 of 12

General Discussion followed:

Councilmember Dale inquired about Option #2 and the impact to the water line project.

Mayor Lemon summarized the Council all appears to be in support of amending the 5am start time to 7am. He would like for the options to be considered at the next meeting, so all Councilmembers will be in attendance to consider all the options and avoid a possible 3:3 vote. Councilmember Moore is not in attendance to discuss the options.

Motion to change the hours for construction to reflect 7:00 am to 8:00 pm.

Movant: Councilmember Powell Second: Councilmember Dale

General discussion continued pertaining to dealing with the one area of town where the construction start times appear to be at an extreme and Option B.

Mayor Lemon offered a friendly amendment to grandfather all current projects. The friendly amendment was not accepted by the movant or second.

Mayor Lemon motioned to amend the ordinance to grandfather in current projects. Thus receiving no second the Mayor withdrew his motions.

Motion called. Vote: 6:0 with Councilmember Moore absent from vote.

Ordinance Number CO10-10-12-09-F1

F.2 Consideration To Approve A Resolution Authorizing The Filing Of Grant Applications With The Texas Railroad Commission For Participation In The Low Emission Propane Equipment Grant Initiative. Sam Roberts, Assistant City Manager, addressed the Council regarding the possibility of integrating alternative fuels into the City’s fleet. In October, staff attended the national “Green Fleet” conference to learn more about alternative fuels and their potential for use in the City’s fleet. Staff has worked with Stacy Neef of the Clean Cities Coalition, a U.S. Department of Energy national program to conduct research on alternative fuels and determine the best fuel choice for the City of Cedar Park’s fleet. Integrating alternative fuels into the City’s fleet has a variety of benefits including potential reduced fuel and maintenance costs, environmental benefits, and energy independence. Mr. Roberts reviewed the following fuels: Propane (LPG), Natural Gas (CNG), Electric, Plug-In Hybrid, Biodiesel (B20), Ethanol (E85). Staff is recommending the use of propane.

Motion to approve the Resolution authorizing the filing of grant applications with the Texas Railroad Commission for participation in the Low Emission Propane Equipment Grant Initiative.

City Council Minutes December 9, 2010 Page 8 of 12 Movant: Councilmember Powell Second: Councilmember Tracy Vote: 6:0 with Councilmember Moore absent from vote.

Resolution Number R36-10-12-09-F2

F.3 Consideration To Approve A Resolution Authorizing A Deadline Of December 31, 2012 To Establish A Contract For Fire Protection Services For Residents In Non-Contracted Areas In The City's Extra-territorial Jurisdiction (ETJ). Chief Chris Connealy, Fire Department, addressed Council regarding fire protection services by the Cedar Park Fire Department in non-contracted areas. Chief Connealy reviewed the current fire protection structure, the non-contracted areas located in the ETJ, and the issues with equity and fairness to citizens and all areas receiving fire protection services.

Josh Selleck, Finance Director, addressed the Council regarding fire service cost. The approximate cost per rooftop is $20.55. There are 976 rooftops in the non-contracted areas which equates to an uncompensated approximate cost to the City of $240,000. Mr. Selleck further reviewed the City’s communications efforts with all the citizens in the non- contracted areas. The review included the concerns of citizens in the non-contracted areas and the best possible solution for those areas to from a single entity or mechanism that would enable the ability to contract for services. Mr. Selleck briefly explained the emergency service districts.

General discussion followed pertaining to the tax rate of $.10 which is set by State statute, emergency service district mechanisms, older areas located in the ETJ, locations being in two counties, and legislative efforts to control ESD’s.

Councilmember Moore arrived at the meeting at 8:35 p.m. during the general discussion.

Public Comment: Dieter Billeck, Leander, addressed the Council regarding fire protection services. He commented on the equity and fairness and inquired about the best way to provide services and how the numbers were derived.

General Discussion continued regarding the impacted areas needed to from the ESD, working with County Commissioners, the need for an election, using HOA’s as educational tools, and the packet information covering the steps needed to form an ESD.

Motion to Approve A Resolution Authorizing A Deadline Of December 31, 2012 To Establish A Contract For Fire Protection Services For Residents In Non-Contracted Areas In The City's Extra-territorial Jurisdiction (ETJ) and approve the ancillary schedule as presented by staff.

Movant: Mayor Pro Tem Fuller Second: Councilmember Dale Vote: 7:0

City Council Minutes December 9, 2010 Page 9 of 12

Resolution Number R37-10-12-09-F3

F.4 Consideration Of Appointment To Place One On The Cedar Park Community Development Corporation Board With A Term To Expire October 31, 2012. (Powell)

Motion to appoint Audrey Wernecke to Place One on the 4B Board.

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

F.5 Consideration Of Appointment To Place Two On The Parks And Recreation Advisory Board With A Term To Expire July 31, 2012. (Fuller) Motion to appoint Scott Rogers to Place Two on the Parks and Recreation Advisory Board.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

F.6 Consideration Of Appointment To Place Two On The Planning And Zoning Commission With A Term To Expire July 31, 2012. (Fuller)

Motion to appoint Tom Balestiere to Place Two on the Planning and Zoning Commisison..

Movant: Mayor Pro Tem Fuller Second: Councilmember Dale Vote: 7:0

F.7 Consideration Of Appointment To Place Two On The Tourism Advisory Board With A Term To Expire July 31, 2012. (Fuller)

Motion to appoint Matt Olguin to Place Two on the Toursim Advisory Board.

Movant: Mayor Pro Tem Fuller Second: Councilmember Moore Vote: 7:0

F.8 Consideration Related To The Naming Of Three City Council Members To A Legislative Advisory Executive Committee For The 82nd Legislative Session.

Brenda Eivens, City Manager, stated the Council Legislative Advisory Executive Committee was created to assist with City’s legislative advisor on municipal affairs and to be available for testifying on pending legislation. The past committee was comprised of the Mayor, Mayor Pro Tem and one Councilmember.

City Council Minutes December 9, 2010 Page 10 of 12

Motion to appoint the Mayor, Mayor Pro Tem and Councilmember Powell to service on the Legislative Advisory Executive Committee.

Movant: Mayor Lemon Second: Mayor Pro Tem Fuller Vote: 7:0

G.0 Executive Session:

G.1 Section 551.071 (1)(B) Consultation With Attorney Concerning Litigation. i. Settlement Offer In Cedar Park v. Newman Cause #CICV-09-008078 Travis County Court At Law.

G.2 Section 551.087 Deliberation Regarding Economic Development Negotiations i. Concerning County Road 180 Improvements. ii. Concerning Dental Health Services Contractor.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Mayor Pro tem Fuller reconvened the Council from Executive Session into Open Meeting at 9:31 p.m.

Motion to approve a Resolution authorizing the City Manager to execute a license agreement between Cedar Park and Jadon Newman for the floating intake contingency project upon final approval by the City’s condemnation counsel and the City Attorney.

Movant: Councilmember Mitchell Second: Councilmember Moore Vote: 6:0 with Mayor Lemon off dais during vote.

Resolution Number R38-10-12-09-G.1i

H.1 Mayor And Council Closing Comments.

City Council Minutes December 9, 2010 Page 11 of 12 Councilmember Dale requested a future agenda item for a report on how the City’s plan and process for notifying the non-contracted areas pertaining to the termination of fire protection services.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 9:35 p.m.

PASSED AND APPROVED THIS 13TH DAY OF JANUARY, 2011.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes December 9, 2010 Page 12 of 12

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK PUBLIC LIBRARY, 550 DISCOVERY BOULEVARD

THURSDAY, DECEMBER 16, 2010 AT 6:30 P.M.

------

MINUTES

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Lemon called the meeting to order at 6:34 p.m. All Council present.

A.2 Invocation Father Aidan Wilcoxson, St. John the Forerunner, gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: 40th Anniversary Of The Capital Area Council Of Governments ("CAPCOG") Report: Betty Voights, Executive Director. Betty Voights, Executive Director of CAPCOG, presented Council with an overview of the functions of CAPCOG, funding sources, divisions, and regional services provided to the central Texas area.

A.5 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Garret and Gordon Roden, Leander, addressed the Council for support of the bus service in Cedar Park.

City Council Minutes December 16, 2010 Page 1 of 14 Mary Flynn, Cedar Park, yielded her time to Bob Flynn.

Bob Flynn, Cedar Park, addressed Council regarding home based businesses and modifying the current language of the ordinance.

A.6 Mayor and Council Opening Comments. Councilmember Moore commented on the Police Awards Banquet.

Councilmember Dale commented on the Police Awards Banquet and awards recipients, and attending the ESD #14 meeting held in Volente.

Councilmember Powell commented on the ESD #14 meeting and thanked Councilmember Dale for the recent articles for citizens.

Mayor Pro Tem Fuller commented on the ESD #14 meeting and the City’s efforts to communicate the functioning of ESD’s to residents in the ETJ. MPT Fuller also reflected on the passing of Raw Cowperthwaite and his contributions to Cedar Park.

Councilmember Mitchell thanked Ms. Voights for her presentation to Council,

A.7 City Manager Report: Employee Recognition For Service With The City Of Cedar Park. i. Pauline Lam, Library Director - Thirty Years. Withdrawn from Agenda.

ii. Miguel Ozuna, Human Resources Director - Five Years. Brenda Eivens, City Manager, presented Miguel Ozuna a plaque in recognition of five years of service with the City of Cedar Park as the Human Resources Director.

A.8 City Manager Report: November 2010 Permit Activity And Revenue Report - Mark Lewis, Building Inspections. Mark Lewis, Building Inspections Director, presented Council with the November 2010 Building Permit Activity and Revenue Report.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Agenda Item C.2 withdrawn from the Agenda by the Applicant.

Agenda Item D.8 removed from the Consent Agenda by Councilmember Powell.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D excluding C.2 and D.8

Movant: Mayor Pro Tem Fuller Second: Councilmember Powell Vote: 7:0

City Council Minutes December 16, 2010 Page 2 of 14

B.1 Approval Of City Council Minutes From The Special Called Meeting Of December 2, 2010. Approved under the Consent Agenda.

C.1 ANX-10-001 Second Reading And Approval Of An Ordinance For The Purpose Of Extending The Boundary Limits Of The City Of Cedar Park, Texas, Providing For The Voluntary Annexation Of Approximately 3.75 Acres Of Land Located On The West Side Of Toro Grande Boulevard Just North Of The City Limits, And Otherwise Described By Metes And Bounds In Williamson County, Texas. Approved under the Consent Agenda.

Ordinance Number A11-10-12-16-C1

C.2 Z-10-008 Second Reading And Approval Of An Ordinance Amending Ordinance No. 75-2 (Zoning) Of The City Of Cedar Park, Texas To Rezone Approximately 4.3 Acres From Light Industrial (LI) To General Industrial (GI), Located On The East Side Of 183A Toll Road Just South Of Brushy Creek Road, In Williamson County, Texas. Withdrawn from Agenda by Applicant. No item for consideration.

D.1 A Resolution Authorizing And Directing The Mayor To Execute An Agreement With The Cedar Park Community Development (4B) Board To Provide Funding Of A Sidewalk Construction Project Including Gap Closure Improvements At Various Locations In The City Of Cedar Park, Texas In An Amount Not To Exceed $170,000. Approved under the Consent Agenda.

Resolution Number R39-10-12-16-D1

D.2 A Resolution Authorizing And Directing The Mayor To Execute A Program Agreement With The Cedar Park Community Development (4B) Board To Provide For Economic and Community Development Enhancements To Provide Funding For The Destination City Program In An Amount Not To Exceed $75,000. Approved under the Consent Agenda.

Resolution Number R40-10-12-16-D2

D.3 A Resolution Authorizing A Special Permit To Hold A Kids Triathlon At Milburn Park. Approved under the Consent Agenda.

Resolution Number R41-10-12-16-D3

D.4 A Resolution Authorizing And Directing The City Manager To Execute An Agreement With The Austin Toros For The Purpose Of Using The Cedar Park Recreation Center As A Practice Facility. Approved under the Consent Agenda.

Resolution Number R42-10-12-16-D4

City Council Minutes December 16, 2010 Page 3 of 14

D.5 A Resolution Authorizing And Directing The City Manager To Execute A Change Order With RGM Constructors LP. Under The Brushy Creek Road (183A To Parmer Lane) Reconstruction Project In The Amount Of $97,398.73. Approved under the Consent Agenda.

Resolution Number R43-10-12-16-D5

D.6 A Resolution Amending The City Of Cedar Park Collector Plan To Update The Roadway Classification And Alignment Of Cougar Country Drive To Reflect Actual Conditions. Approved under the Consent Agenda.

Resolution Number R44-10-12-16-D6

D.7 A Resolution To Authorize And Direct The City Manager To Execute A Contract With The International City/County Management Association (ICMA) Center for Public Safety For A Study Reviewing Methods to Maximize Deployment and Operational Efficiency in the Police Department Pending Final Approval Of The City Attorney. Approved under the Consent Agenda.

Resolution Number R45-10-12-16-D7

D.8 A Resolution For City Acceptance Of The Cedar Park Center. Agenda Item D.8 removed from the Consent Agenda by Councilmember Powell. Councilmember Powell asked for this item to be removed in order to recognize the significance of the item and the completion of the Cedar Park Center.

Motion to approve the Resolution for City acceptance of the Cedar Park Center.

Movant: Councilmember Powell Second: Councilmember Moore Vote: 7:0

Resolution Number R46-10-12-16-D8

D.9 A Resolution Authorizing And Directing The City Manager To Negotiate And Execute A Professional Services Agreement With PGAL For The Design Of Field Operations Maintenance Building. Approved under the Consent Agenda.

Resolution Number R47-10-12-16-D9

D.10 A Resolution Authorizing And Directing The Mayor To Sign The Texas Commission On Environmental Quality Application To Transfer A Wastewater Or CAFO Permit For The Brushy Creek Regional Wastewater System East Plant. Approved under the Consent Agenda.

City Council Minutes December 16, 2010 Page 4 of 14

Resolution Number R48-10-12-16-D10

D.11 A Resolution Amending The Fourth Amendment To The Brushy Creek Regional Utility Authority ("BCRUA") Annual Operating Budget for Fiscal Year 2009-2010. Approved under the Consent Agenda.

Resolution Number R49-10-12-16-D11

D.12 A Resolution Authorizing Any City Councilmember To Attend And Appear Before The 82nd Texas Legislature And Its Committees On Behalf Of The City's Best Interests; And Authorizes And Directs The City Manager, City Attorney, And Any City Staff Members, Resource Personnel And Experts Engaged By The City Manager To Attend And Appear Before The 82nd Texas Legislature And Its Committees On Behalf Of The City's Best Interests. Approved under the Consent Agenda.

Resolution Number R50-10-12-16-D12

PUBLIC HEARINGS E.1 Z-10-009 First Reading And Public Hearing On An Ordinance To Assign Original Zoning Of Commercial Services (CS) To Approximately 3.75 Acres Of Land, Located On The West Side Of Toro Grande Just North Of E. Whitestone Boulevard, In Williamson County, Texas. The Planning And Zoning Commission Voted To Recommend Approval Of Commercial Services (CS) For This Tract.

Rawls Howard, Planning Director, addressed Council regarding the applicant’s request to assign original zoning of Commercial Services for property located on the west side of Toro Grande just north E. Whitestone Boulevard. This item is associated with the voluntary annexation request by Nancy Brassfield (ANX-10-001). The Planning and Zoning Commission voted 4-0 to approve the request.

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

E.2 Z-10-014 First Reading And Public Hearing On An Ordinance To Rezone Approximately 3.568 Acres Of Land From General Retail (GR) To Open Space Greenbelt (OSG), Owned By NEC Hwy 183/Walton Way, Located On The East Side Of US Highway 183 Just North Of Walton Way, In Williamson County, Texas. The Planning And Zoning Commission Voted To Recommend Approval Of General Industrial (GI) For This Tract.

Rawls Howard, Planning Director, addressed Council regarding the applicant’s request for the rezoning of property currently designated as General Retail (GR) to be rezoned to Open Space Greenbelt (OSG) for property located on the east side of US Highway 183 just north of Walton Way. The Planning and Zoning Commission voted 4-0 to approve the request.

City Council Minutes December 16, 2010 Page 5 of 14

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

E.3 Z-10-015 First Reading And Public Hearing On An Ordinance To Rezone Approximately 1.37 Acres Of Land From Single Family (SF) To Manufactured Home (MH), Owned By Pedro Amaya, Located At The Southwest Corner Of East Park Street and South Mustang Avenue, In Williamson County, Texas. The Planning And Zoning Commission Voted To Recommend Denial Of The Applicant's Request.

Rawls Howard, Planning Director, addressed Council regarding the request by Pedro Amaya to rezone approximately 1.37 acres of property located at the southwest corner of E. Park Street and S. Mustang Avenue from Single Family (SF) to Manufactured Home (MH). The Planning and Zoning Commission voted 4-0 to deny the applicant’s request.

Mayor Lemon opened the Public Hearing.

Loren Trux, Applicant, addressed Council regarding the request and for Council’s support to approve the zoning request.

Mayor Lemon closed the Public Hearing.

E.4 Public Hearing And Consideration Of A Resolution Amending The Fiscal Year 2010-11 General Fund Operating Budget By Increasing The Human Resources Budget By $54,000 For A Staffing Study And Increasing The Street Maintenance Budget By $208,055 For Re-appropriation Of Prior Year Projects; And Amending The Wastewater Capital Budget By Increasing The Buttercup Creek Line Repairs By $530,000 For Additional Emergency Repairs And Engineering. Josh Selleck, Finance Director, reviewed the proposed amendments to the General Fund Operating Budget. The amendments include contract services, street rehabilitation and the Wastewater CIP for the Buttercup Creek wastewater line repairs.

Mayor Lemon opened the Public Hearing. No Public Comment. Mayor Lemon closed the Public Hearing.

Motion to approve the Resolution Amending The Fiscal Year 2010-11 General Fund Operating Budget By Increasing The Human Resources Budget By $54,000 For A Staffing Study And Increasing The Street Maintenance Budget By $208,055 For Re-appropriation Of Prior Year Projects; And Amending The Wastewater Capital Budget By Increasing The Buttercup Creek Line Repairs By $530,000 For Additional Emergency Repairs And Engineering.

City Council Minutes December 16, 2010 Page 6 of 14

Movant: Councilmember Powell Second: Mayor Pro Tem Fuller Vote: 7:0

Resolution Number R51-10-12-16-F4

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Second Reading And Consideration To Approve An Ordinance Amending The City Of Cedar Park Code Of Ordinances, Chapter 8, Article 8.08, Noise Regulations, Section 8.08 (3), Construction Noise For The Purpose Of Amending Allowable Hours Of Construction Activity. Mark Lewis, Building Inspections Director, stated the Council at the December 9th meeting authorized the amendment to the noise ordinance pertaining to the time for construction hours. This item is to address the three options as previously presented by staff. The three options include:

Within (one-hundred feet (100’) of [Option 1] a dwelling or dwelling unit occupied as a residence, [Option 2] a dwelling or dwelling unit that is both occupied as a residence and also located within one-hundred feet (100’) of the Toll Road 183A right-of-way, [Option 3] a dwelling or dwelling unit that is both occupied as a residence and also located within one-hundred feet (100’) of an arterial grade right- of-way, construction work of any nature at any time other than between the hours of 8:00 a.m. and 8:00 p.m.

Mr. Lewis also addressed the grandfathering of current projects with the adoption of any of the three options. Staff has recommended a February 1, 2011 start date.

General Discussion followed

Councilmember Powell addressed Options One and Two and asked for the wording “occupied dwelling” be added to the proposed amendments.

Mayor Pro Tem Fuller addressed Option One and his inability to support. This could have a potential impact to current projects. He can support Option Two, however, is concerned about targeting areas in Cedar Park.

Mayor Lemon stated there are problems with the proposed options and he likes the current ordinance.

Councilmember Dale addressed his recommendation of Option Two and the receipt of complaints from citizens in the area.

City Council Minutes December 16, 2010 Page 7 of 14 Councilmember Mitchell addressed the amendments to the allowable construction hours. This is a significant step to deal with complaints; however he is uncertain about approving any of the options. Council should consider a project-by-project approach as opposed to modifying the entire ordinance.

Councilmember Tracy addressed Option 2 and his support.

Motion to add Option Two to the construction noise ordinance. [OPTION 2]: Within 100-feet of a dwelling or dwelling unit that is both occupied as a residence and within 100-feet of the Toll Road 183A right-of-way, construction activity is limited to the hours between 8 a.m. and 8 p.m.

Movant: Councilmember Powell Second: Councilmember Tracy Vote: 4:3 Voting For: Councilmember Powell, Mayor Pro Tem Fuller, Councilmember Dale and Councilmember Tracy. Voting Against: Councilmember Mitchell, Mayor Lemon and Councilmember Moore.

Councilmember Dale confirmed the effective date will be February 1, 2011.

Ordinance Number CO13-10-12-16-F1

F.2 Consideration To Approve A Resolution Authorizing And Directing The Mayor To Execute An Interlocal Agreement With The Capital Metropolitan Transit Authority For A Public Transportation Feasibility Study. Councilmember Tracy recused himself from all discussions and action pertaining to Agenda Item F.2 and left the dais and Council Chambers during F.2 in its entirety.

Jose Madrigal, Assistant City Manager, addressed Council regarding the history of public transportation services in Cedar Park and briefly reviewed the Goodman Corporation study. Capital Metro approached the City of Cedar Park regarding the possible modification of Route 214 which runs from Lago Vista through Cedar Park to the Lakeline Station. Capital Metro proposed four stops on the new proposed Route 214 which include Walton Way, 1890 Ranch and Cedar Park Regional Medical Center, Cedar Park Park and Ride on Discovery Blvd, and the Austin Community College campus located on Cypress Creek. The additional three stops in Cedar Park would require a contract between the City of Cedar Park and Capital Metro. The fourth stop at ACC would be added by an amendment to the agreement and would also include an interlocal agreement between the City of Cedar Park and ACC.

Mr. Madrigal reviewed the costs associated with the stops. The total cost for the City of Cedar Park for this service is $80,418.50. Operation of the three stops is $75, 418.50 and also a construction cost of $5000 for the actual stop. The fourth stop will increase costs however; this would be paid for by Austin Community College as set forth in the interlocal agreement. City Council Minutes December 16, 2010 Page 8 of 14 Mr. Madrigal reviewed the funding resources which include current funding for special transit services and the use of 4B funding.

Meredith Highsmith, Capital Metro, addressed Council regarding the specifics on the route and associated costs for transit service within Cedar Park.

General discussion followed:

Mayor Lemon inquired about the 5307 funding that Capital Metro has been receiving on behalf of the City of Cedar Park.

Councilmember Powell inquired about the total cost for implementation and also inquired about the 5307 funds and where the funding has been used in Cedar Park.

Councilmember Dale addressed the 5307 funding which approximately equates to $600,000 for Cedar Park’s allocation. He inquired why the monies were spent in Leander or for the Lakeline station.

Councilmember Moore commented on his concerns pertaining to future cost increases. He would like more information on the specific costs for service and also the cost to riders.

Mayor Pro Tem Fuller inquired about the bottom line figure and the $51,000 difference between the costs and what is being spent.

Councilmember Dale inquired how the STS funding is calculated.

Councilmember Powell inquired about the proposed .75 mile route deviation and how it works/functions.

Councilmember Dale inquired about the proposed ridership per day.

Mayor Pro Tem Fuller commented on the Goodman Corporation Transit Study.

Mayor Lemon opened the item for Public Comment:

Lara Cooper, Cedar Park, spoke in support of public transit in Cedar Park.

Bill Mullane, Cedar Park, spoke in support of the interlocal agreement and addressed students attending ACC and their public transportation needs to the Cypress Creek campus and other campuses.

Michael Dion, Cedar Park, spoke in opposition to Capital Metro bus service for Cedar Park and using tax payer money for services that should be a private enterprise.

City Council Minutes December 16, 2010 Page 9 of 14 Gail Lindholm, Cedar Park, spoke in opposition to Capital Metro bus service for Cedar Park, more data is needed to determine if service is really needed in Cedar Park.

Richard Lee, Cedar Park, spoke in opposition to Capital Metro bus service for Cedar Park.

David Posh, Cedar Park, spoke in opposition to Capital Metro bus service for Cedar Park and stated it is not the fiscally responsible thing to do.

Maria Acosta, Cedar Park, encouraged Council not to approve due to the mis- management of Capital Metro and the lack of accountability for finances.

Paul Barron, Cedar Park, stated the voters voted out of Capital Metro and the City does not need to re-enter into any contract with them.

Nelson Ramirez, Cedar Park, is against the proposal due to the track record of Capital Metro and the City should see if they can be trusted under the new management and then consider.

The following citizens registered their opposition regarding the agreement with Capital Metro: David Dziadziloa, Austin Brenda Posh, Cedar Park Dar Rice, Cedar Park Teresa Klepac, Cedar Park Bill Klepac, Cedar Park

General Discussion continued: Councilmember Dale is opposed to the agreement and stated money provided by a formula is not being used in Cedar Park and more clarity is needed regarding the 5307 funds.

Councilmember Mitchell stated the City has received requests for public transportation. This is a pilot program to determine if the Cedar Park area can be serviced. There is an aging population and the demand will continue to increase.

Mayor Lemon commented on the Council’s Strategic Plan and the goal for public transportation. He supports the pilot program but is concerned with future operation costs and needs more specific information from Capital Metro.

Councilmember Dale inquired about the performance measurements to determine how the program is successful.

General discussion followed on the cost of ridership, lack of impact statistics, challenges with Capital Metro’s public perception, increasing operational costs in the future, and possible performance measurements to determine if program works.

City Council Minutes December 16, 2010 Page 10 of 14

Motion to reject the Capital Metro Interlocal Agreement Proposal.

Movant: Councilmember Dale Second: Councilmember Mitchell Vote: 3:3 Motion fails Voting For: Councilmember Powell, Councilmember Moore, Councilmember Dale. Voting Against: Mayor Lemon, Mayor Pro Tem Fuller, Councilmember Mitchell. Councilmember Tracy off dais and absent from meeting during vote (Recusal).

F.3 Consideration Of The Preliminary Drainage Study For Certain Flood Prone Areas In Cedar Park. Councilmember Tracy returned to the dais.

Sam Roberts, Assistant City Manager, reported to Council on the preliminary Drainage Study for Certain Flood Prone Areas in Cedar Park. Mr. Roberts reviewed the project background and history and the existing conditions in the flood prone areas. The existing conditions stem from a variety of reasons due to developers in older areas developing subdivisions without curb and gutter and/or sidewalks, lack of drainage facilities to deal with water flow in these areas, lack of developer widening creeks to allow for conveyance of rainfall for 100 year storms, houses built too close to flood areas, lack of pipes and culverts and filling of natural creek flow by homeowners.

Mr. Roberts reviewed the two categories identified in the study. They include subdivisions areas and floodplain areas. The Riviera Springs floodplain issue is not related to creek capacity; however, flooding was related to the Brushy Creek WCID flood control reservoir. Mr. Roberts reviewed the seven areas located in Cedar Park that were identified to be flood prone areas. Mr. Roberts reviewed the possible improvement scenarios for the subdivision areas that could include an above ground system or a below ground system. With either proposed system, roadway improvements are necessary and required due to the damage from drainage construction.

Mr. Roberts continued his reviewed for the possible improvement scenarios in the FEMA Floodplain/Major Creek areas. The two areas studies included the Cluck Creek FEMA floodplain and the Block House Creek FEMA floodplain. Scenarios include grass lined channels or concrete lined channels. Mr. Roberts provided Council with the cost estimates for each area and for each scenario. The costs associated with the drainage issues range from approximately $26M to $38M for the subdivision areas and $12M to $14M for the floodplain areas.

Josh Selleck, Finance Director, addressed Council regarding the potential funding mechanisms for a project of this magnitude. Mr. Selleck reviewed the possible revenue sources that included general revenues, public improvement districts, drainage utility revenues, and Federal or State grants. Mr. Selleck also reviewed for Council the possible financing options that included a pay as you go approach, sinking fund, general obligation bonds, revenue bonds, and combination tax and revenue certificates of obligation.

City Council Minutes December 16, 2010 Page 11 of 14 Mr. Roberts, Assistant City Manager, concluded the presentation with the maintenance considerations, and also the conclusions derived from the preliminary study.

Mayor Lemon opened the item for Public Comment:

Allan Wilson, Cedar Park, addressed the current preventative items the City could do in relation to the creeks and vegetation.

Jack Kipp, Cedar Park, commented on the flooding in Riviera Springs, the level of the pavement for the road, the topography of the area, and the City’s responsibility to maintain.

Sharon Krienke, Cedar Park, stated there are other areas in Cedar Park that should be closely monitored, such as Caballo Ranch and Spanish Oak Creek, since flooding may be a concern in the near future.

General discussion followed:

Councilmember Powell addressed the FEMA maps.

Councilmember Dale commented on the impervious cover and impact to changes in water flow.

Mayor Lemon commented on the Riviera Springs flooding and whether low cost implementation estimates were available.

Mayor Pro Tem Fuller stated this item would be a great item for the Council retreat in January.

Councilmember Dale asked if additional information could be provided to Council regarding the creation of a Public Improvement District.

Mayor Pro Tem Fuller stated flooding is a problem and with recent actions FEMA will not be responding for funding assistance. This becomes a local (State-County-Local) problem.

Mayor Lemon inquired if this is a city problem since the areas were developed prior to the incorporation of the City.

Councilmember Moore provided a brief history of the Riviera Springs area and the impact to the areas by surrounding development from ranches to City.

Councilmember Dale commented on the funding sources and the possibility of creating a PID tax.

Councilmember Powell commented on mandated flood insurance, cost to homeowners and the age of the flood maps.

City Council Minutes December 16, 2010 Page 12 of 14

Mayor Lemon stated this might be an item for the voters to consider if a tax for the entire City is considered.

No action taken.

F.4 Consideration To Approve A Resolution Adopting The Cedar Park Fire Department 2011-2013 Strategic Plan. Withdrawn from Agenda.

F.5 Consideration To Adopt The 2011 Legislative Agenda For The 82nd Texas Legislative Session. Brenda Eivens, City Manager, stated the Council previously had a meeting on December 2nd to discuss the draft Legislative Agenda. After Council’s comments and recommendations, with the assistance of Hillco Partners the final draft is being presented to Council for their review and approval.

General discussion followed regarding not limiting 4B’s ability to fund transportation projects, opposing any limitations on 4A and 4B funding, not allowing debt to be incurred in future ESD areas, rewording Item #1, and adding BCRUA to the adequate water supplies wording.

Motion to approve the 2011 Legislative Agenda with the following revisions: 1. replace the language referring to 4B and transportation with wording generally opposing any further limitations on 4A and 4B expenditures; 2. clarify the appraisal process regarding City and County; 3. oppose any accrual of debt with future ESD areas, similar to the annexation restraints; 4. pertaining to City water supplies and adding BCRUA to the language.

Movant: Councilmember Powell Second: Councilmember Tracy Vote: 7:0

F.6 Consideration To Approve A Resolution Designating An Official Newspaper Of General Circulation Of The City As Required By Section 11.03 Of The Cedar Park City Charter. Withdrawn from Agenda.

G.0 Executive Session:

City Council Minutes December 16, 2010 Page 13 of 14 G.1 Section 551.071 (1)(A) And (2) Consultation With City Attorney Concerning Legal Matters Covered By The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas. a. Concerning Municipal Court Procedures For Fines And Collections. b. Concerning The Chapter 380 Economic Development Agreement Between City of Cedar Park and Cedar Park Land, LP Regarding Performance Of Contract Terms And Conditions.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session Council reconvened from Executive Session into Open Meeting at 11:37 p.m.

No action taken on any item discussed in Executive Session.

H.1 Mayor And Council Closing Comments. Councilmember Dale requested a future agenda regarding 5307 funds.

H.2 Adjournment. Mayor Lemon adjourned the meeting at 11:40 p.m.

PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2011.

______Robert S. Lemon, Mayor

ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes December 16, 2010 Page 14 of 14