City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR JULY 14, 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: 2553 255 0579 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 July 14, 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. Civil Action No. 1:20-CV-00481-RP; In The United States District Court, Western District, Austin Division, Gregory Raymond Kelley vs. The City Of Cedar Park, Sean Mannix, And Christopher Dailey. 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 Texas Municipal Civil Service, Line Of Duty Illness Leave Or Absence. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Jefts) 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 26, 2022. D.2 Receipt Of Minutes From The Economic Development (Type A) Sales Tax Corporation Meeting Of May 16, 2022. 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 July 14, 2022 Page 2 of 5 E.1 Second Reading And Approval 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. F.1 A Resolution Authorizing Issuance Of A Parks Special Use Permit To Rock Springs Hospital For A 5K Run At Milburn Park On September 3, 2022. F.2 A Resolution Authorizing An Amendment To The Project Representative Services Agreement With Dial Development Services, Ltd. For The Bell Boulevard Roadway Realignment Project In An Amount Not To Exceed $133,500. F.3 A Resolution Authorizing The Purchase Of A Dedicated Mental Health Response Vehicle For Cedar Park Police Department In An Amount Not To Exceed $75,000. F.4 A Resolution Authorizing The Consent To Assignment Of The Economic Development Performance Agreement With Rose City Management, LLC to Balcones Real Estate Group, LLC. F.5 (ANX-21-001) Consideration Of A Resolution Authorizing A Municipal Services Agreement For An Approximate 8.4-Acre Property Generally Located Northwest Of The Intersection Of CR 175 And E. Whitestone Blvd. F.6 A Resolution Abandoning, Vacating, And Closing A Portion Of The US Highway 183 (Bell Boulevard) Right-Of-Way Consisting Of Approximately 2.147 Acres In The Samuel Damon Survey No. 11, Abstract No. 170, Generally Located Between Commercial Parkway And The New Alignment Of S Bell Blvd. Public Hearings G.1 Public Hearing And Consideration To Approve A Resolution Amending The FY 2022 Budget For The General Fund, The Utility Fund, And Updating The Capital Improvement Plan. G.2 First Reading And Public Hearing Of An Ordinance Authorizing The Conveyance And Sale Of Land Consisting Of Abandoned Right-Of-Way, Or Right-Of-Way To Be Abandoned, Of US Highway 183 (Bell Boulevard) And Commercial Parkway Within And Surrounding The Bell District. G.3 (2022-2-FLU) (Related To 2022-7-Z) First Reading And Public Hearing Of An Ordinance To Amend The Future Land Use Plan For Approximately 7.92 Acres From Local Office/Retail/Commercial (LOC) To General Office/Retail/Commercial (REG) On The Western Half Of The Property Located At 14351 Ronald Reagan Boulevard. The Planning And Zoning Commission Voted 5-1 To Recommend Approval Of REG. G.4 (2022-7-Z) (Related To 2022-2-FLU) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 7.92 Acres From Local Business (LB) To General Business-Conditional Overlay (GB-CO) On The Western Half Of The Property Located At 14351 Ronald Reagan Boulevard. The Planning And Zoning Commission Voted 5-1 To Recommend Approval Of General Business – Conditional Overlay (GB-CO). 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 July 14, 2022 Page 3 of 5  Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Authorizing A Change Order With Austin Underground, Inc. For The Bell Boulevard Roadway Realignment Project In An Amount Not To Exceed $893,146. H.2 Consideration Of A Resolution Authorizing An Agreement With Pavement Restoration, Inc. For The FY2022 Street Rehabilitation Program In An Amount Not To Exceed $505,068. H.3 Consideration To Establish A Mobility Master Plan Advisory Committee And Make Appointments. 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 July 14, 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 July 14, 2022 Page 5 of 5