City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR JUNE 23, 2022 AT 6:00 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2022 United States Toll Free: 1-844-992-4726 Access Code: 2555 528 1678 Phone Password: 23327727 Jim Penniman-Morin, Mayor Kevin Harris, Mayor Pro Tem Stephen Thomas, Council Place One Eric Boyce, Council Place Four Mel Kirkland, Council Place Two Heather Jefts, Council Place Six Anne Duffy, Council Place Three Brenda Eivens, City Manager ---------------------------------------------------------------------------------------------------------------------------- The public may comment and attend the meeting remotely. For the virtual meeting link and phone number, see near the top of the agenda. For more information on how to participate remotely please refer to the City’s website at www.cedarparktexas.gov/councilagenda. All electronic and printed materials to be presented at the Council Meeting must be submitted for cybersecurity and legal obscenity screening in accordance with City Policy. Electronic material must be submitted by 12:00 p.m., day of meeting, and printed material must be submitted prior to the Call To Order. Any electronic or printed material not submitted in accordance with the Policy, that poses a cybersecurity risk, or is legally obscene, will not be allowed. You may email the entire Council on any issue at Council@cedarparktexas.gov. AGENDA A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. I. EXECUTIVE SESSION To Commence At 6:00 p.m. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda June 23, 2022 Page 1 of 5  In accordance with Chapter 551, Government Code, the City Council will now convene in a Closed Executive Session pursuant to the following provisions of the Texas Open Meetings Act, Chapter 551, of the Texas Government Code: B.1 Section § 551.071 (1) Consultation With City Attorney Concerning Pending Or Contemplated Litigation Or Settlement Offer. a. Michael Kleinman, MMK Holdings, LP, and Auspro Enterprises, LP v. City of Cedar Park; Civil Action No. 1:22-cv-00527-LY Pending in United States District Court, Western District of Texas, Austin Division. B.2 Section §551.071 (2) Consultation With Attorney Regarding Matters In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflict With This Chapter: a. Legal Issues Concerning The Texas Comptroller’s Draft Proposed Rule 3.12, Texas Tax Code Chapter 351, And The Master Development Agreement Between The City Of Cedar Park And CPM Development, LLC. b. Legal Issues Concerning Enforcement Of Zoning Regulations For Commercial And Residential Use. c. Legal Issues Concerning The Interlocal Cooperation Agreement With Leander Independent School District. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Boyce) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 Public Communications. (Regarding items not listed on this Agenda. Three Minutes each. No deliberations with the Council. The Council may respond only with factual statements, recitation of existing policy, and requests for an item to be placed on a future Agenda.) Consent Agenda Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of Agenda Items D, E, and F. D.1 Approval Of Minutes From The Regular Scheduled City Council Meeting Of May 12, 2022. D.2 Approval Of Minutes From The Special Called City Council Meeting Of May 17, 2022. E.1 (2022-3-Z) (Related To 2022-1-SUP) Second Reading And Approval Of An Ordinance To Rezone Approximately 4.6 Acres From General Business-Conditional Overlay (GB-CO) To General An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda June 23, 2022 Page 2 of 5  Business-Conditional Overlay (GB-CO) To Amend The Condition Related To The Landscape Buffer Located At 580 Spanish Oak Estates Drive. The Planning And Zoning Commission Voted 7-0 To Recommend Approval Of General Business – Conditional Overlay (GB-CO). E.2 (2022-1-SUP) (Related To 2022-3-Z) Second Reading And Approval Of An Ordinance For A Special Use Permit (SUP) To Amend The Condition Related To Fully Enclosed Courts For The Outdoor Commercial Amusement, Minor Use On Approximately 4.6 Acres Located At 580 Spanish Oak Estates Drive. The Planning And Zoning Commission Voted (7-0) To Recommend Approval Of The SUP To Amend The Condition Related To Fully Enclosed Courts. E.3 (2022-6-Z) Second Reading And Approval Of An Ordinance To Rezone Approximately 1.91 Acres From General Business-Conditional Overlay (GB-CO) To General Business-Conditional Overlay (GB-CO) To Amend The Condition Related To Permitted Uses Located At 3101 East Whitestone Blvd. The Planning And Zoning Commission Voted (7-0) To Recommend Approval Of General Business – Conditional Overlay (GB-CO) request. F.1 A Resolution Authorizing The Purchase Of Wireless Solar Powered School Zone Flashing Beacon Assemblies From Paradigm Traffic Systems, Inc. In An Amount Not To Exceed $198,000. F.2 A Resolution Adopting The Amended MissionSquare 401 Plan Documents. F.3 A Resolution Authorizing An Amendment To The 400 West Park Development Agreement Executed On March 14, 2022, With Verdot Senior At Cedar Park LLC, For The Development Of The 6.87-Acre Property Located At 400 W Park St. F.4 A Resolution Granting A Utility Easement To Pedernales Electric Cooperative, Inc. For Electric Infrastructure To Be Located On City-Owned Property Adjacent To 183A South of Brushy Creek Road. F.5 Authorization To Excuse The Absence Of Councilmember Jefts From The Regular Scheduled Meeting Of May 26, 2022. Public Hearings G.1 First Reading And Public Hearing Of An Ordinance Amending Cedar Park Code Of Ordinances Chapter 16 Transportation Regulations, Article 16.01 Regarding Adoption Of The City Of Austin Transportation Criteria Manual. Regular Agenda (Non-Consent) H.1 Update On The Mobility Master Plan And Proposing The Creation Of A Mobility Master Plan Advisory Committee. H.2 Consideration Of A Resolution Authorizing The Execution Of A Professional Services Agreement Amendment For Professional Architectural Services With Lake | Flato Architects, Inc. For The Design Of The New Cedar Park Public Library In An Amount Not To Exceed $465,502. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda June 23, 2022 Page 3 of 5 H.3 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority (“BCRUA”) Executing An Agreement With Walker Partners/Freese And Nichols Joint Venture For Construction Phase Engineering Services To Support Construction Of The Phase 2 Deep Water Intake Project In The Amount Of $22,641,893, With Cedar Park's Portion Not To Exceed $6,557,092. H.4 Consider Action, If Any, On Items Discussed In Executive Session. H.5 Mayor And Council Closing Comments. H.6 Adjournment. The above agenda schedule represents an estimate of the order for the indicated items and is subject to change at any time. All agenda items are subject to final action by the City Council. Separate agenda items may be combined and discussed together at the discretion of the Chair. Any final action, decision, or vote on a matter deliberated in Closed Executive Session shall be made in an open meeting pursuant to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Certain information may be presented to and by the City Council, under the headings of “Citizen Communications”, and “Council Comments” however, by law, the Council shall not discuss, deliberate or vote upon such matters except that a statement of specific factual information, a recitation of existing policy, and deliberations concerning the placing of the subject on a subsequent agenda may take place. The City Attorney has approved the Executive Session Items on this agenda. CERTIFICATION I certify that the above notice of the Regular Scheduled City Council Meeting of the City of Cedar Park, Texas was posted on the bulletin board of the City of Cedar Park City Hall, 450 Cypress Creek Road, Building Four, Cedar Park, Texas. This notice was posted on: Date Posted:______________________________ Date Stamped (Month, Day, Year, AM/PM, Time) The Cedar Park City Hall Council Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretative services must be made 48 hours prior to this meeting. Please contact the City Secretary’s Office at (512) 401-5002 or FAX (512) 401-5003 for further information. _______________________________ LeAnn M. Quinn, TRMC City Secretary Notice Removed: _____________________ Date Stamped (Month, Day, Year, AM/PM, Time) An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda June 23, 2022 Page 4 of 5 An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda June 23, 2022 Page 5 of 5